factual

Does Monicals Pizza know of any pending infringement, opposition, or cancellation proceeding regarding the Marks?

Monicals_Pizza Franchise · 2025 FDD

Answer from 2025 FDD Document

We have filed the necessary affidavits and renewal applications for the trademarks as required by the USPTO. We know of no currently effective material determinations of the USPTO, Trademark Trial and Appeal Board, the trademark administrator of any state or any court, state or federal involving the Marks. We know of no pending infringement, opposition or cancellation proceeding; we know of no pending material litigation in federal court or in any state court regarding our use or ownership of the Marks.

Source: Item 13 — TRADEMARKS (FDD pages 28–30)

What This Means (2025 FDD)

According to Monicals Pizza's 2025 Franchise Disclosure Document, Monicals Pizza states that they do not know of any pending infringement, opposition, or cancellation proceeding regarding their trademarks. They also affirm that there are no currently effective material determinations from the USPTO, Trademark Trial and Appeal Board, or any state or federal court involving the Marks. Additionally, Monicals Pizza is unaware of any pending material litigation in federal or state court concerning their use or ownership of the Marks. This indicates that Monicals Pizza is not currently involved in any legal disputes regarding their trademarks.

This assurance is important for potential franchisees as it suggests that the brand's trademarks are secure and not subject to legal challenges that could disrupt business operations. However, it is important to note that this statement reflects the situation at the time of the FDD's issuance, and circumstances could change.

Prospective franchisees should be aware that while Monicals Pizza is not required to defend them against claims arising from the use of any Mark, they may be obligated to reimburse certain costs under specific conditions. Franchisees are required to notify Monicals Pizza of any infringements, challenges, or claims and follow their directions in any related proceedings. Monicals Pizza has exclusive control over settlements or proceedings concerning any Mark. Franchisees may be required to modify or discontinue the use of any Mark, but Monicals Pizza states that franchisees will not be required to spend more than $50,000 in the aggregate during the initial term of the Franchise Agreement and not more than $50,000 in the aggregate during any one renewal term for modifications. Monicals Pizza will reimburse franchisees for expenses reasonably incurred in legal proceedings disputing the authorized use of any Mark, provided they notify Monicals Pizza in a timely manner and comply with their directions. However, this reimbursement does not include expenses for removing signage or discontinuing the use of any Mark, nor does it apply to disputes where Monicals Pizza challenges the franchisee's use of a Mark or legal fees incurred seeking independent counsel.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.