Does Jersey Mike's claim common law rights to its trademarks?

According to Jersey Mike's 2025 Franchise Disclosure Document, Jersey Mike's claims common law rights to its trade names, service marks, and trademarks. As the owner of all rights, titles, and interests to the Marks, Jersey Mike's asserts these rights for any marks used in interstate commerce. This means that Jersey Mike's believes it has legal rights to its brand identifiers, even if they are not formally registered, simply by virtue of using them in business across state lines.

For a prospective franchisee, this is important because it reinforces the strength and protection of the Jersey Mike's brand. The company's claim to common law rights, in addition to registered trademarks, suggests a proactive stance in safeguarding its brand identity. This can be reassuring for franchisees who are investing in a franchise that relies heavily on brand recognition and reputation.

However, it's also important to note that Jersey Mike's is under no obligation to defend a franchisee's use of the Marks or indemnify them for damages if they are involved in any administrative or judicial proceeding involving the Marks. While Jersey Mike's retains the exclusive right to contest or bring action against any third party regarding the third party's use of any of the marks, the franchisee may still face legal challenges related to trademark use. Franchisees must adhere to the System Standards and properly display the Marks, including using the appropriate registration notices, to avoid potential issues.