What register is the 'FAT SHACK' mark on?
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' mark is registered on the Principal Register. Specifically, trademark registration number 4126414 for the 'FAT SHACK' mark was registered on April 10, 2012, on the Principal Register. Fat Shack also has other marks registered on the Principal Register, including 'LATE NIGHT DONE RIGHT'.
Registering a trademark on the Principal Register provides stronger legal protection compared to the Supplemental Register or common law trademark rights. This means Fat Shack has a greater ability to prevent others from using similar marks that could cause confusion among consumers. For a franchisee, this reduces the risk of trademark disputes and strengthens the brand's identity in their territory.
It is important to note that while Fat Shack protects its trademarks, the Franchise Agreement does not require Fat Shack to defend or indemnify franchisees against infringement claims arising from their use of the marks. However, Fat Shack may choose to take action to protect franchisees using the marks in compliance with the Franchise Agreement if their counsel believes it is justified. If Fat Shack decides to protect a franchisee, they may reimburse the franchisee for costs associated with litigation from amounts recovered in the litigation exceeding Fat Shack's costs. Franchisees are obligated to cooperate fully with Fat Shack in any litigation related to the marks. If Fat Shack does not elect to protect a franchisee, the franchisee may take steps to protect themselves at their own expense.