Does Extreme Art Studio Franchising, LLC have a federal registration for its principal trademarks?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
[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.
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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. You must sign the documents and take the actions that, in the opinion of our attorneys, are necessary or advisable to protect and maintain our interests in the Mark. We will reimburse you for your reasonable costs of taking any action that we have asked you to take.
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Under the Franchise Agreement, we will indemnify you against, and reimburse you for, all damages for which you are held liable in any proceeding in which your use of any Mark in compliance with the Franchise Agreement is held to constitute trademark infringement, and for all reasonable costs you incur in the defense of any claim brought against you or in any proceeding in which you are named as a party, only if you have timely notified us of the claim or proceeding and comply with our directions in responding to the proceeding. At our option, we and/or LSO may defend and control the defense of any proceeding arising from your use of any Mark under the Franchise Agreement.
| 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 |
Source: Item 13 — TRADEMARKS (FDD pages 39–40)
What This Means (2024 FDD)
According to Extreme Art Studio's 2024 Franchise Disclosure Document, Extreme Art Studio Franchising, LLC does not have a federal registration for its principal trademarks. However, they have applied to register the trademarks with the USPTO. The trademarks EXTREME ART STUDIO with serial number 98,172,085 filed on September 8, 2023, and serial number 98,178,554 filed on September 13, 2023, are currently pending on the Principal Register.
This lack of federal registration means that 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. However, the franchisee must notify Extreme Art Studio immediately of any apparent infringement or challenge to the use of any Mark.
Extreme Art Studio will indemnify the franchisee against, and reimburse them for, all damages for which they are held liable in any proceeding in which the use of any Mark in compliance with the Franchise Agreement is held to constitute trademark infringement, and for all reasonable costs incurred in the defense of any claim brought against them or in any proceeding in which they are named as a party, only if the franchisee has timely notified Extreme Art Studio of the claim or proceeding and comply with their directions in responding to the proceeding. Extreme Art Studio may defend and control the defense of any proceeding arising from the franchisee's use of any Mark under the Franchise Agreement.