What is the status of Gold Star's trademark modernization efforts?
Gold_Star Franchise · 2025 FDDAnswer from 2025 FDD Document
| Mark | Registration No. | Date Registered | Status | |---|---|---|---| | | 1,338,458 | May 28, 1985 | Renewal due May 28, | | | | | 2035. | | | 1,870,700 | Dec. 27, 1994 | Renewal due June 27, | | | | | 2025. | | GOLD STAR | 1,960,628 | March 5, 1996 | Renewal due March 5, | | | | | 2026. | | | 5,673,572 | February 12, 2019 | Renewal due February | | | | | 12, 2029. | Gold Star is currently in the process of modernizing its trademarks and will be transitioning the System to use the marks in the chart below in the coming months and years. In the United States, Gold Star has filed "intent to use" applications with respect to these trademarks, names, symbols and logos with the United States Patent and Trademark Office, with the intent of ultimately registering them on the principal register. With respect to these marks only, we do not have a federal registration for these marks. Therefore, these marks do not have many legal benefits and
rights as a federally registered trademark.
Source: Item 13 — Trademarks (FDD pages 37–40)
What This Means (2025 FDD)
According to the 2025 Gold Star Franchise Disclosure Document, Gold Star is currently modernizing its trademarks and transitioning the system to use new marks in the coming years. Gold Star has filed "intent to use" applications with the United States Patent and Trademark Office to register these trademarks on the principal register. However, Gold Star does not yet have federal registrations for these marks, which means they may not have the same legal protections as federally registered trademarks.
This situation presents a potential risk for franchisees. If Gold Star's right to use these modernized marks is challenged, franchisees may be required to switch to alternative trademarks. According to the FDD, franchisees would bear the expense of changing to an alternative trademark.
To mitigate risks, Gold Star requires franchisees to promptly notify them of any claims or legal actions involving the marks. Gold Star retains the right to take actions it deems necessary to protect the marks. If a third party sues a franchisee for using the marks, Gold Star may assume the defense and indemnify the franchisee against damages if the franchisee provides timely notice, cooperates with Gold Star's counsel, and allows Gold Star to control the defense strategy. Franchisees are obligated to assist in the defense or prosecution of any related litigation as directed by Gold Star's counsel.
Prospective franchisees should inquire about the specific timeline for completing the trademark modernization and registration process. Understanding the potential costs and responsibilities associated with trademark challenges is crucial for making an informed investment decision.