Is the 'HCK Hot Chicken' trademark federally registered, and if not, what is its current status?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
ration on the Principal Register of the United States Patent and Trademark Office ("USPTO:
| Trademark | Registration/ Serial Number | Date of Registration | |
|---|---|---|---|
| 7204470 | October 31, 2023 | ||
| HCK | 7339225 | March 26, 2024 | |
| HCK Hot Chicken | 97827846 | Not Registered; Pending; Applied for March 7, 2023 | The following statement applies to the third mark in the table above: We do not have a federal registration for our principal trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses. |
We have filed all required affidavits with respect to each of these trademarks.
Office Action on Mark #3: On April 3, 2025, the USPTO issued a Final Office Action on our pending application for Mark #3 in the table above in which the USPTO questioned our right to register the Mark based upon not submitting a specimen showing the use of the proposed mark in commerce on or in connection with the goods. On April 14, 2025, we filed a Request to Divide the application into two applications.
Source: Item 13 — TRADEMARKS (FDD pages 40–41)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, the trademark 'HCK Hot Chicken' is not federally registered. However, a trademark application with serial number 97827846 was filed on March 7, 2023, and its status is currently 'Pending'.
This means that while Hck Hot Chicken is actively pursuing federal registration for its primary trademark, it has not yet been granted. The FDD indicates that not having a federal registration means the trademark lacks many legal benefits and rights that a federally registered trademark would possess. This could pose a risk to franchisees, as it may be necessary to change the trademark if the right to use it is challenged, potentially increasing expenses for the franchisee.
Furthermore, the USPTO issued a Final Office Action on April 3, 2025, questioning Hck Hot Chicken's right to register the mark due to the lack of a specimen showing its use in commerce. While Hck Hot Chicken filed a Request to Divide the application on April 14, 2025, failure to overcome the Office Action could prevent federal trademark registration. This situation underscores the importance of Hck Hot Chicken securing its trademark to protect its brand and the interests of its franchisees.
Prospective franchisees should be aware of these risks and consider discussing the trademark's status and potential implications with Hck Hot Chicken before investing in a franchise. It is also important to note that if Hck Hot Chicken modifies or discontinues using any mark, franchisees must comply with their directions, but Hck Hot Chicken will not reimburse franchisees for expenses related to changing signage or any loss of revenue.