Does Fat Shack have federal registrations for all of its trademarks?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
We license to you the right to use the Mark "FAT SHACK" and other trademarks, service marks and commercial symbols that we may authorize (collectively, the "Marks").
The following Marks have been registered with the United States Patent and Trademark Office ("USPTO"):
| 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 |
We have filed all required affidavits related to these Marks. We intend to further renew the registration of some or all of these Marks at the appropriate time. We have also registered additional Marks on the USPTO's Principal Register that identify certain of our FAT sandwiches.
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.
Under the Franchise Agreement, we grant you the right and license to use the Marks solely in connection with your FAT SHACK Restaurant. You may use the Marks only in the manner authorized and permitted by us and you may not directly or indirectly contest our ownership or rights in the Marks. You cannot use any of the Marks or any portions or variations of them as part of your business name. You cannot use the Marks as part of an electronic address, domain name or on any websites on the Internet, or with modifying words, designs or symbols, except as we may license to you, without our prior written consent, which may be withheld for any reason. You may not use the Marks with an unauthorized product or service, or in a manner not authorized in writing by us. You must modify or discontinue your use of the Marks if we require the modification or discontinuance of them, at your expense.
To our knowledge, there are no agreements in effect that significantly limit our rights to use or license the use of the Marks in any manner. To our knowledge, there are no presently effective determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, any pending infringement, opposition or cancellation proceedings or any pending material litigation involving any of the Marks which are relevant to their use.
You must notify us immediately if you become aware of any apparent infringement of or challenge to your use of any Mark.
Source: Item 13 — Trademarks (FDD pages 39–40)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, not all of its trademarks are federally registered. While Fat Shack has registered certain marks with the United States Patent and Trademark Office (USPTO), including "FAT SHACK" (Registration Number 4126414, registered April 10, 2012), and "LATE NIGHT DONE RIGHT" (Registration Number 4547630, registered June 10, 2014), it also claims common law trademark rights to other words, phrases, or designs used in the Fat Shack restaurant, such as names of "Fat" sandwiches and the tagline "Burgers, Wings, Fat Sandwiches."
The FDD clearly states that Fat Shack does not have federal registrations for these common law trademarks. This distinction is important because federally registered trademarks offer more legal protection than unregistered ones. Specifically, federally registered trademarks provide broader rights and legal benefits compared to unregistered trademarks.
The implication for a prospective Fat Shack franchisee is that using unregistered trademarks carries a higher risk. If Fat Shack's right to use these unregistered trademarks is challenged, the franchisee may be required to switch to an alternative trademark, potentially increasing their expenses. While Fat Shack grants franchisees the right to use its marks, franchisees must use them in an authorized manner and cannot contest Fat Shack's ownership. Franchisees must also notify Fat Shack of any apparent infringement or challenges to the use of any mark.
Although the Franchise Agreement does not require Fat Shack to defend or indemnify franchisees against infringement claims, Fat Shack may take action to protect franchisees using the marks in compliance with the agreement if its counsel deems it justified. If Fat Shack decides to protect a franchisee, it may reimburse litigation costs from amounts recovered in litigation exceeding Fat Shack's costs. However, the franchisee is obligated to cooperate fully in any related litigation. If Fat Shack does not elect to protect the franchisee, the franchisee may take steps to protect themselves at their own expense.