From whom did Kitchen Solvers acquire the rights and ownership in the Marks?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
We acquired the rights and ownership in the Marks from Kitchen Solvers, LLC pursuant to the Assignment Agreement we entered into on December 1, 2010, in connection with our acquisition of Kitchen Solvers, LLC's assets. There are currently no effective material determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, or any pending infringement, opposition or cancellation proceeding, or any pending material litigation, involving the Marks. There are currently no agreements in effect that significantly limit our rights to use or license the use of any Marks in any manner material to the franchise. There are no infringing uses actually known to us that could materially affect your use of the Marks.
Source: Item 13 — Trademarks (FDD pages 33–34)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the company acquired the rights and ownership in the Marks from Kitchen Solvers, LLC. This acquisition occurred on December 1, 2010, through an Assignment Agreement, which was part of Kitchen Solvers' acquisition of Kitchen Solvers, LLC's assets. The Marks refer to the service mark KITCHEN SOLVERS, as well as other trademarks, service marks, trade names and commercial symbols that Kitchen Solvers designates. Kitchen Solvers also claims common law trademark rights for all of the Marks.
For a prospective franchisee, this means that Kitchen Solvers owns the trademarks and has the right to license their use. The franchisee's use of the Marks benefits Kitchen Solvers exclusively, and the franchisee retains no rights in them, either during the Franchise Agreement or after its expiration or termination.
Kitchen Solvers has the right to change the Marks at any time during the term of the Franchise Agreement and can require franchisees to comply with these changes at their own expense. Franchisees are not allowed to make any changes or substitutions to the Marks unless Kitchen Solvers directs them to do so in writing. Kitchen Solvers is not obligated to protect franchisees against infringement or unfair competition claims arising from their use of the Marks, nor are they required to participate in the franchisee's defense or indemnify them. However, franchisees must promptly notify Kitchen Solvers of any infringement or unauthorized use of the Marks they become aware of. Kitchen Solvers controls any litigation related to the Marks and has the sole right to decide whether to pursue or settle any infringement actions.