Are the trademarks and service marks licensed to Moes Southwest Grill franchisees registered with the USPTO?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
rially different terms than your existing Franchise Agreement) or an amendment to your existing Franchise Agreement. If the term of the Lease for the new location extends beyond the term of your Franchise Agreement, we may, in our sole discretion, extend the term of your existing or new Franchise Agreement to match the term of the Lease for the new location, provided you will be required to pay the Relocation Extension Fee (see Item 6).
ITEM 13
TRADEMARKS
The following is a description of the principal trademarks and service marks that we will license to you. All of the marks listed below are owned by us, have been registered on the Principal Register of the U.S. Patent and Trademark Office ("USPTO"), and have been renewed at the proper time.
REGISTERED TRADEMARKS
| Mark | Registration Number | Registration Date |
|---|---|---|
| MOE'S SOUTHWEST GRILL | 2650129 | 11/12/2002 |
| 6030403 | 4/7/2020 | |
| 6030402 | 4/7/2020 |
Other Proprietary Marks have been, or may be, applied for or registered with the USPTO. The provisions of the Franchise Agreement apply to any and all other trademarks, service marks, and trade dress authorized and licensed for use by us to you during the term of the Franchise Agreement. We may specify the other Proprietary Marks that you may use, if any, in writing from time to time. You must comply with the proper use and marking of the Proprietary Marks as we indicate in the Manuals or otherwise. We update the Manuals periodically, and add or delete Proprietary Marks on a continuing basis.
We are the owner of all right, title, and interest in and to the Proprietary Marks and the goodwill associated with them. All goodwill associated with the Proprietary Marks remains our exclusive property. All usage of the trademarks by you and any goodwill established will inure to our exclusive benefit.
There are no agreements currently in effect which could significantly limit our rights to use or license the Proprietary Marks. There are no currently effective determinations of the USPTO, Trademark Trial and Appeal Board, the trademark administrator of any state, or any court adversely affecting the ownership, use, or licensing of the Proprietary Marks. There is no pending infringement, opposition or cancellation proceedings, or material litigation, involving the Proprietary Marks.
On October 22, 2007, our affiliates entered into an agreement with Newport Pacific Corporation and Mo's Enterprises Inc. in which our affiliates agreed to certain restrictions on the placement of Restaurants within a very limited area along the Pacific coast of Oregon and Washington. The agreement is perpetual and cannot be terminated or modified, except as agreed by all of the parties. Other than this agreement, there are no currently effective agreements limiting our right to use or license the Proprietary Marks. There are presently no infringing uses known to us that could materially affect your use of the Proprietary Marks listed above in the state in which your Restaurant will be located.
Your rights to the Proprietary Marks are derived solely from your Franchise Agreement. You will only use the Proprietary Marks to identify your Restaurant except as we authorize. You have no right to apply for registration of any Proprietary Mark. In using the Proprietary Marks, you must strictly follow our Standards, specifications, requirements, and instructions. You may not use any Proprietary Mark or any words or designations similar to the Proprietary Marks (i) as part of any corporate or legal business name, (ii) with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos we have licensed to you), (iii) in selling any unauthorized services or products, (iv) as part of any domain name, electronic address, metatag, search engine keyword, social media account, or otherwise in connection with any website or other electronic medium without our consent, or (v) in any other manner we have not expressly authorized in writing. When your Franchise Agreement expires or terminates, all rights to use the Proprietary Marks will revert to us automatically without payment to you and you will keep no rights in the Proprietary Marks. You may not take any action to question or contest our rights or interest in the Proprietary Marks and the goodwill in the Proprietary Marks.
Source: Item 13 — Trademarks (FDD pages 72–73)
What This Means (2025 FDD)
According to Moes Southwest Grill's 2025 Franchise Disclosure Document, the principal trademarks and service marks licensed to franchisees are registered on the Principal Register of the U.S. Patent and Trademark Office (USPTO) and have been renewed at the proper time. This registration provides legal protection for the brand's identity. Specifically, the FDD lists 'MOE'S SOUTHWEST GRILL' as a registered trademark with registration numbers 2650129 (registered on November 12, 2002), 6030403 (registered on April 7, 2020), and 6030402 (registered on April 7, 2020).
Moes Southwest Grill retains ownership of all rights, titles, and interests in these proprietary marks, including the associated goodwill. Franchisees are permitted to use these marks solely to identify their restaurants, and they must adhere strictly to Moes Southwest Grill's standards and specifications. Franchisees cannot register any proprietary mark themselves or use similar marks in unauthorized ways, such as in business names or domain names, without express written consent from Moes Southwest Grill. Upon termination or expiration of the franchise agreement, all rights to use the proprietary marks revert back to Moes Southwest Grill without any payment to the franchisee.
Moes Southwest Grill will defend and indemnify franchisees against third-party claims of infringement or unfair competition related to the proprietary marks, provided the franchisee has used the marks in accordance with the franchise agreement. Franchisees must promptly notify Moes Southwest Grill of any such claims and cooperate in the defense. However, franchisees cannot settle any claims without Moes Southwest Grill's written consent. This arrangement protects franchisees from legal challenges and ensures consistent brand management across all locations.
Prospective franchisees should be aware that Moes Southwest Grill periodically updates its manuals and may add or delete proprietary marks. Franchisees are obligated to comply with any instructions to modify or discontinue the use of any proprietary mark, and Moes Southwest Grill will not be liable for any resulting expenses. Additionally, an agreement exists with Newport Pacific Corporation and Mo's Enterprises Inc. that places certain restrictions on restaurant placement within a limited area along the Pacific coast of Oregon and Washington, which could impact site selection in those regions.