Is the 'HCK Hot Chicken' trademark federally registered with the USPTO?
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 currently federally registered with the USPTO. However, Hck Hot Chicken has applied for federal registration of the 'HCK Hot Chicken' trademark; the application was filed on March 7, 2023, and is currently pending.
This lack of federal registration carries important implications for prospective franchisees. Without a federal registration, Hck Hot Chicken's trademark has fewer legal protections. As stated in the FDD, if the right to use the trademark is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses. This could involve costs related to rebranding, new signage, and marketing to establish the new brand with customers.
Furthermore, the FDD indicates potential challenges with obtaining federal registration for one of Hck Hot Chicken's trademarks. On April 3, 2025, the USPTO issued a Final Office Action 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 into two applications on April 14, 2025, there is no guarantee that they will overcome the Office Action and secure federal trademark registration. This uncertainty adds a layer of risk for franchisees, as the strength and protection of the brand's trademarks could be subject to change.