On what date was the 'FAT SHACK' trademark registered?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
| Mark | Registration Number | Registration Date | Register |
|---|---|---|---|
| FAT SHACK | 4126414 | April 10, 2012 | Principal Register |
| LATE NIGHT DONE RIGHT | 4547630 | June 10, 2014 | Principal Register |
| 5793283 | July 2, 2019 | Principal Register |
Source: Item 13 — Trademarks (FDD pages 39–40)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, the 'FAT SHACK' trademark was registered on April 10, 2012. The registration number for this trademark is 4126414, and it is listed on the Principal Register. This registration provides Fat Shack with legal rights and protections for its brand name.
For a prospective franchisee, this means that Fat Shack has taken the necessary steps to protect its brand identity through federal trademark registration. As a franchisee, you are granted the right to use this trademark in connection with your Fat Shack restaurant, but only in the manner authorized by the franchisor. You cannot contest Fat Shack's ownership or rights to the trademark, nor can you use it in ways not explicitly permitted, such as in your business name or domain name, without prior written consent.
Fat Shack also claims common law trademark rights to other words, phrases, and designs used in its restaurants, such as the names of 'Fat' sandwiches and the tagline 'Burgers, Wings, Fat Sandwiches.' However, these unregistered trademarks do not have the same legal benefits as federally registered trademarks. If Fat Shack's right to use these unregistered trademarks is challenged, franchisees may be required to change to an alternative trademark, potentially increasing expenses.
It is important for franchisees to notify Fat Shack immediately if they become aware of any infringement or challenge to the use of any trademark. While the Franchise Agreement does not require Fat Shack to defend or indemnify franchisees against claims of infringement, Fat Shack may take action to protect franchisees if they are using the trademarks in compliance with the agreement and if their counsel believes intervention is justified.