Are the principal trademarks used in the Mrcool franchise operations registered with the USPTO?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
he Franchised Business.
ITEM 13 TRADEMARKS
Under the terms of the Franchise Agreement, you will be granted a license to use the "MRCOOL" trademark and those other marks that we designate. Our affiliate JOI Holding LLC is the owner of the Licensed Marks and has granted to us a license with an initial 20 year term and with automatic renewal thereafter to use the Licensed Marks and to license our franchisees to use the Licensed Marks. We reserve the right to supplement and modify the marks that you may or may not use in connection with the operations of your Center. You may only use the Licensed Marks as authorized by us in writing and under the terms of your Franchise Agreement. You may not use the Licensed Marks in the name of any Corporate Entity that you establish.
Principal Trademarks Registered with the United States Patent and Trademark Office
The principal trademarks identified in the schedule below are a part of the Licensed Marks, our System, are registered with the United States Patent and Trademark Office (the "USPTO") and, unless otherwise designated by us, will be used by you in the operations of the Franchised Business. As to these marks all required affidavits have been filed with the USPTO.
| Mark | USPTO Registration Number | Registration Type | Registration Date | |
|---|---|---|---|---|
| 4806473 | Principal | September 8, 2015 (renewal filed on October 13, 2023) | ||
| 4699546 | Principal | March 10, 2015 (renewal filed on March 22, 2024) | ||
| 5827643 | Principal | August 6, 2019 (renewal filed on August 7, 2024) | ||
| 5957370 | Principal | January 7, 2020 (renewal filed January 8, 2025) | ||
| 6162563 | Principal | September 29, 2020 | ||
| 5667649 | Supplemental | January 29, 2019 (renewal filed May 29, 2024) | ||
| 6798706 | Principal | July 19, 2022 |
| 6768490 | Principal | June 21, 2022 |
|---|---|---|
| 5578607 | Principal | October 9, 2018 (renewal filed on November 16, 2023) |
| 4316665 | Principal | April 9, 2013 (renewal filed on December 28, 2022) |
| 5578606 | Principal |
Source: Item 13 — TRADEMARKS (FDD pages 37–41)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, the franchise uses both registered and unregistered trademarks. Mrcool states that the principal trademarks are registered with the United States Patent and Trademark Office (USPTO). These registered trademarks are part of the Licensed Marks and the Mrcool system, and franchisees will use them in their business operations. Mrcool has also filed all necessary affidavits with the USPTO for these marks.
The FDD also indicates that some principal trademarks used by Mrcool are not registered with the USPTO. Mrcool acknowledges that these unregistered trademarks do not have the same legal protections as registered ones. This means that if Mrcool's right to use these unregistered trademarks is challenged, franchisees might have to switch to alternative trademarks, potentially increasing their expenses.
Prospective Mrcool franchisees should be aware of the distinction between registered and unregistered trademarks. While Mrcool intends to protect the use of its trademarks, the lack of federal registration for some marks could pose a risk. It would be prudent for potential franchisees to discuss the specific unregistered trademarks with Mrcool and understand the potential implications and costs associated with changing trademarks if necessary.