Does Gold Star have any pending infringement, opposition or cancellation proceedings involving the trademarks licensed to me?
Gold_Star Franchise · 2025 FDDAnswer from 2025 FDD Document
| Mark | Registration No. | Date Registered | Status | |---|---|---|---| | | 1,338,458 | May 28, 1985 | Renewal due May 29, | | | | | 2029. | | | 1,870,700 | Dec. 27, 1994 | Renewal due June 27, | | | | | 2025. | | GOLD STAR | 1,960,628 | March 5, 1996 | Renewal due March 5, | | | | | 2026. | | GOLD STAR GRILL | 3,099,303 | May 30, 2006 | Renewal due May 30, | | | | | 2026. | | | 3,239,238 | May 08, 2007 | Renewal due May 8, | | | | | 2027. | | | 5,673,572 | February 12, 2019 | Renewal due February | | | | | 12, 2029. | | | 5,808,115 | July 16, 2019 | Affidavit of Use due | | | | | July 16, 2029. | | | 6,364,766 | May 25, 2021 | Affidavit of Use due | | | | | May 25, 2027. | There are no currently effective material determinations of the United States Patent and Trademark Office, trademark trial and appeal board, the trademark administrator of this state or any court, and there are no pending infringement, opposition or cancellation proceedings, nor any pending material litigation, involving the primary trademarks, service marks, names, logos and symbols licensed to, and to be used by, you to identify the Franchise business.
There are no agreements currently in effect that significantly limit the rights of Gold Star to use or license the use of the primary trademarks, service marks, names, logos and symbols licensed to, and to be used by, you to identify the Franchise business, in any manner material to the Franchise.
You must notify Gold Star promptly of any claim, demand or legal action by any third party involving the Marks or any potentially infringing use of the Marks, or any mark, name, logo or symbol identical to or confusingly similar to any of the Marks. Under the Franchise Agreement, Gold Star agrees to take whatever actions it deems reasonably necessary to protect the Marks and the goodwill associated therewith. Gold Star retains the exclusive right, in its sole discretion exercised in good faith, to determine and undertake the actions, if any, that it deems appropriate to prevent the infringement of the Marks or the diminution of the goodwill in the Marks. If a third party brings a legal action against you challenging your right to use the Marks as authorized by the Franchise Agreement, Gold Star may, in its sole discretion, assume your defense utilizing counsel of Gold Star's choice and must indemnify you against all damages for infringement for which you are held liable in that action arising out of your authorized use of the Marks pursuant to and in compliance with the Franchise Agreement, if the following conditions are satisfied: (a) you provide Gold Star with timely notice of the institution of the action, (b) you cooperate fully with Gold Star's counsel in defending against the action and (c) Gold Star retains ultimate control over the strategy involved in defending against and/or resolving the action. If Gold Star undertakes the defense or prosecution of any litigation pertaining to the right to use the Marks, you must execute all documents and do all acts and things as may be necessary, in the opinion of counsel for Gold Star, to carry out the defense or prosecution, whether the action is in the name of Gold Star, or in your name. Gold Star is not responsible for the cost of any independent legal counsel retained by you in any litigation. Except as set forth above, Gold Star will not be liable to you for any damages, costs, expenses, loss of profits or business opportunities, or incidental or consequential damages of any kind regarding or under any action or other matter involving the Marks.
Source: Item 13 — Trademarks (FDD pages 37–40)
What This Means (2025 FDD)
According to Gold Star's 2025 Franchise Disclosure Document, there are no currently effective material determinations by the United States Patent and Trademark Office, trademark trial and appeal board, the trademark administrator of any state, or any court. Additionally, there are no pending infringement, opposition, or cancellation proceedings, nor any pending material litigation, involving the primary trademarks, service marks, names, logos, and symbols licensed to, and to be used by franchisees to identify their Gold Star franchise business. This indicates that Gold Star is not currently involved in any legal disputes regarding its trademarks.
Gold Star is also in the process of modernizing its trademarks and will be transitioning the System to use new marks in the coming months and years. Gold Star has filed "intent to use" applications with the United States Patent and Trademark Office with the intent of ultimately registering them. Because Gold Star does not have a federal registration for these marks, they do not have many legal benefits and rights as a federally registered trademark. If Gold Star's right to use these marks are challenged, franchisees may have to change to an alternative trademark, which may increase expenses.
As a Gold Star franchisee, you must promptly notify Gold Star of any claim, demand, or legal action by any third party involving the Marks or any potentially infringing use of the Marks, or any mark, name, logo or symbol identical to or confusingly similar to any of the Marks. Gold Star retains the exclusive right to determine and undertake actions it deems appropriate to prevent infringement of the Marks. If a third party brings a legal action against you challenging your right to use the Marks, Gold Star may assume your defense and must indemnify you against all damages for infringement if you provide timely notice, cooperate fully with Gold Star's counsel, and Gold Star retains control over the defense strategy. Gold Star is not responsible for the cost of any independent legal counsel retained by you in any litigation. You also agree not to contest the validity, ownership, or enforceability of any Marks.