Are there any currently effective material determinations by the USPTO, the Trademark Trial and Appeal Board, any court, or the trademark administrator of any state regarding Mrcool's principal trademarks?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
As to our principal trademarks there are no currently effective material determinations by the USPTO, the Trademark Trial and Appeal Board, any court, or the trademark administrator of any state. There are no pending infringement, opposition or cancellation proceedings and no pending litigation involving our principal marks. We know of no superior rights or infringing uses that could materially affect your use of our principal marks or other related rights in any state.
You are required to provide us with written notice of any claims that you may become aware of respecting the Licensed Marks including your use of the Licensed Marks and/or any claim associated with a third party's use of a trademark that is identical or confusingly similar to the Licensed Marks. We maintain the exclusive discretion to take any and all actions or, to refrain from any action, that we believe to be appropriate in response to any trademark infringement, challenge or claim. As between us, we possess the sole right to exclusively control any and all litigation, legal proceedings, administrative proceedings and/or settlement(s) involving any actual or alleged infringement, challenge or claim relating to the Licensed Marks. You must sign all documents, instruments and agreements and undertake the actions that we, with the advice of our legal counsel, determine to be necessary or advisable for the protection or maintenance of our interests in the Licensed Marks in any legal proceeding, administrative proceeding and/or as may be otherwise determined by us. As to the foregoing, we will reimburse you for the reasonable out-of-pocket administrative expenses that you incur and pay in complying with our written instructions.
Source: Item 13 — TRADEMARKS (FDD pages 37–41)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, there are no currently effective material determinations regarding its principal trademarks by the USPTO, the Trademark Trial and Appeal Board, any court, or any state's trademark administrator. Additionally, Mrcool states that there are no pending infringement, opposition, or cancellation proceedings, and no pending litigation involving their principal marks. Mrcool also affirms that they are not aware of any superior rights or infringing uses that could materially affect a franchisee's use of their principal marks or related rights in any state.
As a Mrcool franchisee, you are obligated to notify Mrcool in writing of any claims you become aware of concerning the Licensed Marks, including your own use or any third party's use of a confusingly similar trademark. Mrcool maintains exclusive discretion over any actions taken in response to trademark infringement, challenges, or claims. You must sign documents and take actions deemed necessary by Mrcool's legal counsel to protect their interests in the Licensed Marks.
Mrcool will reimburse you for reasonable out-of-pocket administrative expenses incurred while complying with their written instructions related to these trademark matters. This protection and support regarding the trademarks is contingent upon using the Licensed Marks in accordance with the franchise agreement, manuals, and Mrcool's instructions. You must also promptly notify Mrcool of any claims and allow them sole control over the defense and settlement of such claims.