Has Jersey Mike's filed all renewals and affidavits of continuing use and incontestability for its trademarks?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
Company has timely filed all renewals and affidavits of continuing use and incontestability. You are authorized to use the logos set out above in the operation of your JERSEY MIKE'S Franchised Restaurant.
There is currently no effective material determination of the USPTO, trademark trial and appeal board, the trademark administrator of this state or any court; pending infringement, opposition or cancellation; or pending material litigation involving the principal trademarks.
There are no infringing uses actually known to Company, or its affiliates, that could materially affect your use of these trademarks, service marks, trade names, logotypes or other commercial symbols in this state or any other state.
Company is under no obligation, under the Franchise Agreement or other agreement, to defend your use of the Marks or to indemnify you for damages if you are a party to any administrative or judicial proceeding involving the Marks.
Company may, in its sole discretion, change or modify the System presently identified by the Mark "JERSEY MIKE'S" including the adoption and use of new or modified trade names, service marks, trademarks or copyrighted materials, new computer programs and systems, new types or brands of food or products, new menu items, new equipment or new techniques. You will, at your expense, accept, use and display any changes in the System as if they were part of the Franchise Agreement at the time of its execution.
All usage of the marks by you and any goodwill established from their use will exclusively benefit Company. You are prohibited from contesting the validity or ownership of any marks or assisting any other person in contesting the validity or ownership of any marks during the term of the Franchise Agreement or at any time after the Franchise Agreement expires or is terminated.
Source: Item 13 — TRADEMARKS (FDD pages 53–55)
What This Means (2025 FDD)
According to Jersey Mike's 2025 Franchise Disclosure Document, Jersey Mike's states that it has filed all necessary renewals and affidavits to maintain its trademarks. This is important for prospective franchisees because it confirms that Jersey Mike's has taken the steps to legally protect its brand name and logos. As a franchisee, you are authorized to use these trademarks in the operation of your Jersey Mike's restaurant.
The FDD also indicates that there are currently no material legal challenges pending against Jersey Mike's trademarks. Specifically, there are no determinations by the USPTO, trademark trial and appeal board, or any court, and no pending infringement, opposition, cancellation, or material litigation involving the principal trademarks. This reduces the risk that a franchisee's use of the Jersey Mike's brand could be disrupted by legal action.
However, Jersey Mike's retains the right to modify its system, including its trademarks, and franchisees are obligated to adopt these changes at their own expense. Additionally, the franchisee is responsible for notifying Jersey Mike's of any potential infringement or claims related to the trademarks, but Jersey Mike's has the sole right to defend such actions. While franchisees are authorized to use Jersey Mike's trademarks, they are prohibited from contesting the validity or ownership of these marks, ensuring that the brand's intellectual property remains protected.