Has Floyds 99 filed all required affidavits of use and renewals of registration for its trademarks?

According to the 2025 Floyds 99 Franchise Disclosure Document, all required affidavits of use and renewals of registration have been filed for their trademarks. This indicates that Floyds 99 has taken the necessary legal steps to maintain its trademark rights, which is crucial for protecting the brand's identity and preventing infringement. The trademarks are licensed to FFL by Holdings in March 2005, and through a license with Holdings, FFL has full right and authority to use and license to franchisees the use of the Marks for 10-year terms that automatically renew. This license can be terminated only on mutual agreement of the parties or following a notice of default and a cure period. In the event of a termination, FFL's rights and obligations under all Franchise Agreements are deemed to be assigned to Holdings to provide continuity to franchisees.

Floyds 99 monitors and protects its trademarks, agreeing to defend franchisees against infringement claims, provided the franchisee uses the marks in compliance with the franchise agreement. Floyds 99 covers all costs, including attorney's fees and court costs, for any litigation commenced or defended on the franchisee's behalf to protect the marks and the franchisee's right to use them. The franchisee is required to cooperate with Floyds 99 in any litigation and must immediately report any apparent infringement or challenge to the use of any mark. The franchisee cannot communicate with anyone other than Floyds 99 or its counsel regarding such matters and cannot settle any claim without written consent from Floyds 99. Floyds 99 has sole discretion to take any appropriate action and has the right to control exclusively any litigation, United States Patent and Trademark Office proceeding, or any other administrative proceeding arising out of any infringement, challenge, or claim relating to any mark.

For a prospective franchisee, this means that Floyds 99 is proactive in safeguarding its brand identity. The company's commitment to covering legal costs associated with trademark protection offers a significant benefit, reducing the financial burden on franchisees in case of legal disputes. However, franchisees must adhere strictly to Floyds 99's guidelines for using the trademarks and must promptly report any potential infringement issues to Floyds 99, ensuring a coordinated and legally sound approach to brand protection.