Does Fat Shack intend to renew the registration of its trademarks?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 13 — Trademarks (FDD pages 39–40)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, Fat Shack intends to renew the registration of some or all of its marks at the appropriate time. This indicates that Fat Shack is likely to continue protecting its registered trademarks, which include "FAT SHACK" (registered April 10, 2012), "LATE NIGHT DONE RIGHT" (registered June 10, 2014), and another mark registered on July 2, 2019, all on the Principal Register.
For a prospective franchisee, this is a positive sign. It suggests that Fat Shack is committed to maintaining its brand identity and preventing others from using similar trademarks. This protection can help maintain brand recognition and customer loyalty for individual Fat Shack locations.
However, the FDD also states that Fat Shack claims common law service or trademark rights to a number of other words, phrases, or designs, including names of "Fat" sandwiches and the tagline, "Burgers, Wings, Fat Sandwiches." These unregistered trademarks do not have as many legal benefits as federally registered trademarks. If Fat Shack's right to use these unregistered trademarks is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses. Franchisees should be aware of this potential risk and factor it into their business planning.
Overall, Fat Shack's proactive approach to trademark registration and intended renewal provides a level of brand protection for franchisees. However, the reliance on some unregistered trademarks introduces a degree of risk that franchisees should carefully consider.