What is Gold Mark, LLC's obligation regarding the renewal of Itan's registered trademarks?

According to Itan's 2025 Franchise Disclosure Document, Gold Mark, LLC, an affiliate of Itan, has registered certain marks with the United States Patent and Trademark Office. Gold Mark intends to file all renewals by the required renewal date. Several marks, such as ITAN SUN SPRAY SPA, iTAN, and CALIFORNIA SPA, have registration numbers and specific registration and renewal dates listed. For example, ITAN SUN SPRAY SPA is registered under number 4127583 with a registration date of April 17, 2012, and a renewal date of March 9, 2022.

This commitment to renewing trademarks is crucial for Itan franchisees because it ensures the continued legal protection and use of the brand's identifying marks. Without these renewals, the trademarks could lapse, potentially leading to legal challenges or the need to rebrand, which, as stated in the FDD, could cost between $10,000 and $20,000.

However, it is important to note that while Gold Mark intends to file renewals, the Franchise Agreement does not require Itan to protect the franchisee's right to use the marks or protect them against infringement claims. This means that while Gold Mark aims to maintain the trademarks, Itan franchisees bear some risk related to potential legal issues arising from the use of these marks. Franchisees must notify Itan immediately if they discover any infringing use or challenges to the marks, but Itan is not obligated to take any action they do not deem warranted.