factual

Are there any restrictions on how I can use the Gold Star marks?

Gold_Star Franchise · 2025 FDD

Answer from 2025 FDD Document

ts is not dependent upon the achievement of a certain sales volume, market penetration or other contingency.

Item 13

Trademarks

Gold Star licenses you to use Marks containing the words "Gold Star" and "Gold Star Chili," and any other current or future Marks that Gold Star authorizes in writing, to identify your Franchise business. The primary trademarks, names, symbols and logos currently licensed to you to identify your Franchise business are set forth in Exhibit A to the Franchise Agreement. The Marks may be used only in operating the Restaurant and only subject to the terms and conditions set forth in the Franchise Agreement and any other rules of Gold Star set forth in the Manual or otherwise. The Franchise Agreement and these other rules impose various restrictions on your use of the Marks.

In the United States, Gold Star has registered the following primary trademarks, names, symbols and logos with the United States Patent and Trademark Office on the principal register:

| 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. If our right to use these marks are challenged, you may have to change to an alternative trademark, which may increase your expenses.

| 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.

Source: Item 13 — Trademarks (FDD pages 37–40)

What This Means (2025 FDD)

According to the 2025 Gold Star Franchise Disclosure Document, Gold Star franchisees are licensed to use specific marks, including "Gold Star" and "Gold Star Chili," along with any other marks Gold Star authorizes in writing. These marks are to be used to identify the franchise business and can only be used in operating the restaurant, subject to the terms and conditions outlined in the Franchise Agreement, the manual, and other rules set by Gold Star. These documents impose various restrictions on the use of the marks.

Gold Star is modernizing its trademarks and transitioning the system to use new marks. Gold Star has filed "intent to use" applications with the United States Patent and Trademark Office for these marks. Because Gold Star does not have a federal registration for these marks, they do not have as many legal benefits and rights as a federally registered trademark. If the right to use these marks is challenged, franchisees may have to change to an alternative trademark, which may increase expenses.

As a Gold Star franchisee, you must agree not to contest the validity, ownership, or enforceability of any marks. If Gold Star deems it advisable to modify or discontinue the use of any marks, or to use additional or substitute marks, franchisees must comply at their own expense within a reasonable time after receiving written instructions from Gold Star. Franchisees must also notify Gold Star promptly of any third-party claims involving the marks or any potentially infringing use of the marks. Gold Star will take actions it deems necessary to protect the marks and retains the exclusive right to determine these actions. If a legal action is brought against a franchisee challenging their right to use the marks, Gold Star may assume the defense and indemnify the franchisee against damages if the franchisee provides timely notice, cooperates fully with Gold Star's counsel, and allows Gold Star to control the defense strategy.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.