What is the current status of the 'EXTREME ART STUDIO' trademark application?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 13: TRADEMARKS]
| Mark | Serial No. | Filing Date | Status |
|---|---|---|---|
| EXTREME ART STUDIO | 98,172,085 | September 8, 2023 | Pending on the Principal Register |
| 98,178,554 | September 13, 2023 | Pending on the Principal Register |
[Item 13: TRADEMARKS]
We do not have a federal registration for our principal trademarks listed above. Therefore, these trademarks do not have as many legal benefits and rights as a federally-registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
There are no effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, nor any pending infringement, opposition, or cancellation proceeding, or any pending material litigation involving the Mark. We know of no superior prior rights or infringing uses that could materially affect your use of the Mark in any state.
You must notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any person's claim of any rights in any Mark, and you may not communicate with any person other than us and our and our affiliates' attorneys regarding any infringement, challenge or claim. We and/or LSO may take the action we deem appropriate and control exclusively any litigation, USPTO proceeding, or other administrative proceeding from the infringement, challenge, or claim, or otherwise concerning any Mark.
Source: Item 13 — TRADEMARKS (FDD pages 39–40)
What This Means (2024 FDD)
According to Extreme Art Studio's 2024 Franchise Disclosure Document, the trademark 'EXTREME ART STUDIO' has a serial number of 98,172,085 and was filed on September 8, 2023. An additional trademark has serial number 98,178,554 and was filed on September 13, 2023. As of the FDD date, both applications are pending on the Principal Register with the USPTO.
While the trademark is pending, Extreme Art Studio does not have a federal registration for its principal trademarks. This means the trademarks do not have as many legal benefits and rights as a federally-registered trademark. If the right to use the trademark is challenged, a franchisee may have to change to an alternative trademark, which may increase expenses.
Extreme Art Studio states that there are no effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, nor any pending infringement, opposition, or cancellation proceeding, or any pending material litigation involving the Mark. They also state that they know of no superior prior rights or infringing uses that could materially affect a franchisee's use of the Mark in any state.
As an Extreme Art Studio franchisee, you must notify the franchisor immediately of any apparent infringement or challenge to your use of any Mark, or of any person's claim of any rights in any Mark. You may not communicate with any person other than the franchisor and their affiliates' attorneys regarding any infringement, challenge or claim. The franchisor may take the action they deem appropriate and control exclusively any litigation, USPTO proceeding, or other administrative proceeding from the infringement, challenge, or claim, or otherwise concerning any Mark.