What is the status of trademark serial number 98,178,554 related to Extreme Art Studio?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
| 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 the 2024 Extreme Art Studio Franchise Disclosure Document, trademark serial number 98,178,554, associated with the Extreme Art Studio brand, has a status of "Pending on the Principal Register." The filing date for this trademark was September 13, 2023. This means that Extreme Art Studio has applied to register this trademark with the United States Patent and Trademark Office (USPTO), but the registration is not yet complete.
While the trademark is pending, Extreme Art Studio does not have the full legal benefits and rights of a federally registered trademark. As the FDD states, if their right to use the trademark is challenged, franchisees may have to change to an alternative trademark, potentially increasing expenses. This situation presents a risk for franchisees, as they might need to rebrand their business if the trademark application is ultimately rejected or if a conflict arises with another party's trademark rights.
Extreme Art Studio outlines specific rules for franchisees regarding the use of their trademarks. Franchisees must use the marks according to Extreme Art Studio's guidelines and must indicate in contracts, advertisements, and with a conspicuous sign that they are independently owned and operated licensees of Extreme Art Studio Franchising, LLC. Franchisees cannot use the Extreme Art Studio name or mark as part of a corporate name or with modifying words, designs, or symbols without prior written consent. All rights and goodwill from the use of the marks accrue to Extreme Art Studio.
Extreme Art Studio also states that franchisees must notify them immediately of any apparent infringement or challenge to the use of any mark. Extreme Art Studio will control any litigation or administrative proceeding concerning the mark and will reimburse franchisees for reasonable costs of taking any action they are asked to take to protect the mark. However, Extreme Art Studio does not have to reimburse franchisees for costs associated with modifying or discontinuing the use of any mark or using substitute marks.