Are there any pending opposition proceedings related to the Endless Summer Sweets trademarks?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. There are no pending infringement, opposition, or cancellation proceedings. or any pending material litigation involving the Marks that is relevant to Your ability to use the Marks in connection with the business.
| Trademark | Application Date | Serial Number |
|---|---|---|
| November 12, 2022 | 97674811 |
We do not know of either superior prior rights or infringing uses that could materially affect your use of the principal trademarks.
If you use our trademarks in accordance with the franchise agreement, then (i) we will defend you (at our expense) against any legal action by a third-party alleging infringement by your use of the trademark, and (ii) we will indemnify you for expenses and damages if the legal action is resolved unfavorably to you.
Under the franchise agreement, we may require you to modify or discontinue using a trademark, at your expense.
Source: Item 13 — TRADEMARKS (FDD pages 27–28)
What This Means (2024 FDD)
According to Endless Summer Sweets's 2024 Franchise Disclosure Document, there are no pending opposition proceedings related to their trademarks. The FDD states that there are no currently effective material determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. Additionally, there are no pending infringement, opposition, or cancellation proceedings, or any pending material litigation involving the Marks that is relevant to a franchisee's ability to use the Marks in connection with the business.
Endless Summer Sweets indicates that an application is pending on the Principal Register of the United States Patent and Trademark Office for their principal trademark. The application date is listed as November 12, 2022, with the serial number 97674811. While the trademark is not yet federally registered, Endless Summer Sweets intends to file all required affidavits when due.
Endless Summer Sweets also confirms they do not know of either superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. Furthermore, Endless Summer Sweets will defend a franchisee (at their expense) against any legal action by a third party alleging infringement by the franchisee's use of the trademark and will indemnify the franchisee for expenses and damages if the legal action is resolved unfavorably to them, provided the trademarks are used in accordance with the franchise agreement. However, the franchise agreement allows Endless Summer Sweets to require a franchisee to modify or discontinue using a trademark, at the franchisee's expense.