Is the 'CALIFORNIA SPA' mark used by Itan registered on the Principal or Supplemental Register?

According to Itan's 2025 Franchise Disclosure Document, the trademark 'CALIFORNIA SPA' has registrations on both the Principal and Supplemental Registers. One registration, number 5066263, is on the Supplemental Register with a registration date of October 18, 2016, and a renewal date of May 9, 2023. Another registration, number 4721878, is on the Supplemental Register with a registration date of April 15, 2015, and a renewal date of December 1, 2020. There is also a Principal Register registration, number 3567016, with a registration date of January 27, 2009, and a renewal date of March 10, 2018.

It is important to note that Itan also has an actual use application for the 'CALIFORNIA SPA' mark, serial number 98696886, with an application date of August 13, 2024. This means that Itan is actively using the trademark in commerce and has applied for federal registration. However, the document also states that Itan does not have a federal registration for the marks, which means that these marks do not have as many legal benefits and rights as a federally registered trademark. If Itan's right to use any of these marks is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses.

Prospective franchisees should be aware that Itan may change the trademarks they may use from time to time, including discontinuing use of the marks listed in Item 13. If this happens, franchisees must change to the new trademark at their expense, which Itan estimates could range from $10,000 to $20,000. Franchisees must also notify Itan immediately if they discover an infringing use (or challenge to their use) of the marks. Itan will take the action it deems appropriate, but is not required to take any action if it does not feel it is warranted. Franchisees may not control any proceeding or litigation involving Itan's marks.

The Franchise Agreement does not require that Itan protect a franchisee's right to use the marks, protect them against claims of infringement or unfair competition arising out of their use of the marks, or participate in their defense or indemnify them for expenses or damages they incur if they are a party to an administrative or judicial proceeding involving Itan's marks or if the proceeding is resolved in a manner unfavorable to them. There are currently no effective material determinations of the Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of this state or any court; pending infringements, oppositions or cancellations; pending material litigation matters involving any of the marks; or infringing uses Itan is aware of that could materially affect a franchisee's use of the marks.