Does Fat Shack have any unregistered trademarks that franchisees 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.
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.
Source: Item 13 — Trademarks (FDD pages 39–40)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, in addition to registered trademarks, Fat Shack claims common law service or trademark rights to a number of other words, phrases, or designs that a franchisee may use in their Fat Shack restaurant. These include names of "Fat" sandwiches, the tagline "Burgers, Wings, Fat Sandwiches," and designs used on packaging.
However, Fat Shack notes that because these trademarks are not federally registered, they do not have as many legal benefits and rights as federally registered trademarks. This means that if Fat Shack's right to use these unregistered trademarks is challenged, a franchisee may have to change to an alternative trademark, which may increase their expenses.
Under the Franchise Agreement, Fat Shack grants the franchisee the right and license to use the Marks solely in connection with their Fat Shack Restaurant. The franchisee may use the Marks only in the manner authorized and permitted by Fat Shack and may not directly or indirectly contest Fat Shack's ownership or rights in the Marks. The franchisee cannot use any of the Marks or any portions or variations of them as part of their business name. The franchisee 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 Fat Shack may license to them, without prior written consent, which may be withheld for any reason. The franchisee may not use the Marks with an unauthorized product or service, or in a manner not authorized in writing by Fat Shack. The franchisee must modify or discontinue their use of the Marks if Fat Shack requires the modification or discontinuance of them, at the franchisee's expense.