What is the current status of the EXTREME ART STUDIO trademark with serial number 98,178,554?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
ollowing trademarks with the USPTO: | 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 | 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.
All applicable affidavits and renewals have been filed with respect to the Marks listed above. Except for the Trademark License agreement, no agreement significantly limits our right to use or license the Mark in a manner material to your Franchise.
You must follow our rules when using the Marks. You cannot use our name or Mark as part of a corporate name or with modifying words, designs or symbols unless you receive our prior written consent. You must indicate to the public in any contract, advertisement, and with a conspicuous sign in connection with your Extreme Art Studio Business that you are an independently owned and operated licensed
franchisee of Extreme Art Studio Franchising, LLC. You may not use the Marks in the sale of unauthorized products or services, or in any manner we do not authorize. You may not use the Marks in any advertising for the transfer, sale or other disposition of the Extreme Art Studio Business, or any interest in the Franchise. All rights and goodwill from the use of the Marks accrue to us.
We may establish new marks in the future, and you must use and display these marks in accordance with specifications and bear all costs associated with changes to Mark or introduction of new marks. 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.
Source: Item 13 — TRADEMARKS (FDD pages 39–40)
What This Means (2024 FDD)
According to the 2024 Extreme Art Studio Franchise Disclosure Document, the trademark EXTREME ART STUDIO with serial number 98,178,554 has a status of "Pending on the Principal Register." The application for this trademark was filed on September 13, 2023. This means that Extreme Art Studio has applied for federal registration of this trademark, but the application is still under review by the United States Patent and Trademark Office (USPTO).
While the trademark is pending, Extreme Art Studio does not yet have the full legal benefits and rights of a federally registered trademark. The FDD states that if their right to use the trademark is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses. This highlights a potential risk for franchisees, as they may incur additional costs if a trademark dispute arises and they are required to switch to a different brand name.
Extreme Art Studio outlines the franchisee's responsibilities regarding trademark use and protection. Franchisees must adhere to Extreme Art Studio's rules for using the marks and must notify them immediately of any potential infringement or challenges to the trademark's use. Extreme Art Studio retains control over any litigation or proceedings related to trademark issues and will reimburse franchisees for reasonable costs incurred at the franchisor's request to protect the trademark. Franchisees cannot contest the validity of Extreme Art Studio's ownership of the marks, and all goodwill established through the use of the marks accrues to Extreme Art Studio.
It is important for prospective franchisees to understand the implications of using a trademark that is still pending registration. While Extreme Art Studio will indemnify franchisees against damages from trademark infringement claims if the franchisee uses the mark in compliance with the franchise agreement, the risk of needing to switch to a different trademark and incurring associated costs remains until the trademark is officially registered.