What are some examples of unregistered trademarks or service marks that a Fat Shack franchisee might use?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition to those Marks listed above, we claim common law service or trademark rights to a number of other words, phrases, or designs that you may use in your FAT SHACK Restaurant. These words, phrases and designs include names of our "Fat" sandwiches, the tagline, "Burgers, Wings, Fat Sandwiches," and designs used on our packaging. The following statements apply solely to any unregistered trademarks and service marks: We do not have a federal registration for these trademarks. Therefore these trademarks do not have as many legal benefits and rights as federally registered trademarks. If our right to use these trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses.
Source: Item 13 — Trademarks (FDD pages 39–40)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, franchisees may use unregistered trademarks and service marks, including names of "Fat" sandwiches, the tagline "Burgers, Wings, Fat Sandwiches," and designs used on packaging. These marks are not federally registered, meaning they do not have the same legal protections as registered trademarks. This poses a risk to the franchisee. If Fat Shack's right to use these unregistered trademarks is challenged, franchisees may be required to switch to alternative trademarks, potentially increasing their expenses.
Unlike registered trademarks, these unregistered marks do not have the full legal benefits and rights conferred by federal registration. This means that Fat Shack's protection of these marks relies on common law rights, which can be more difficult and costly to defend. A prospective franchisee should be aware that using these marks carries a higher risk of potential legal challenges.
While the Franchise Agreement grants franchisees the right to use these marks, Fat Shack retains control over their use. Franchisees must use the marks in the manner authorized by Fat Shack and cannot contest Fat Shack's ownership or rights. They also cannot use the marks as part of their business name, electronic address, domain name, or on websites without prior written consent. Franchisees must modify or discontinue their use of the marks if Fat Shack requires it, at the franchisee's expense. This highlights the importance of adhering to Fat Shack's guidelines and staying informed about any changes to trademark usage requirements.