What marks are Pearce Bespoke franchisees licensed to use under the franchise agreement?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
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ITEM 13 TRADEMARKS
Pursuant to the franchise agreement, you are granted a license to operate a Business using the mark Pearce Bespoke (logo) and other marks in connection with the Business (the "Marks").
We have registered the following Mark with the Supplemental Register of the USPTO and have filed and intend to file all affidavits and any other documents required to maintain our interest in and to the Marks upon renewal or at any other time required for renewal and to maintain our interest in and to the Marks.
| Mark | U.S. Registration No. | Registration Date | Register | |---|---|---|---| | Pearce Bespoke | 6868173 | October 4, 2022 | Supplemental | We claim common law rights to the Marks and other terms and phrases used regularly in connection with the Business. We also claim common law rights to our designs, logos, and trade dress items, including color schemes and appearance, as well as copyright where applicable, but there have not been judicial determinations of the existence, validity, or extent of our rights. We claim and intend to rely on common law and/or statutory trade secret, and unfair competition protection for the proprietary materials and information you are awarded a license to use under the Franchise Agreement.
There are presently no final effective determinations of the USPTO, the Trademark Trial and Appeal Board, or any trademark administrator of any state or any court proceedings which limit or restrict our right to use the above-described Marks or are relevant to your use of the Marks for your Pearce Bespoke business.
Source: Item 13 — TRADEMARKS (FDD page 29)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, as a franchisee, you are granted a license to operate a business using the mark "Pearce Bespoke (logo)" and other marks in connection with the business, which are collectively referred to as the "Marks". Pearce Bespoke has registered the mark "Pearce Bespoke" with the Supplemental Register of the USPTO under U.S. Registration No. 6868173, with a registration date of October 4, 2022. Pearce Bespoke states that they have filed and intend to file all necessary documents to maintain their interest in the marks.
Pearce Bespoke is not required to protect franchisees against infringement or unfair competition claims arising from the use of the marks, nor are they obligated to participate in the franchisee's defense or provide indemnification. However, Pearce Bespoke retains the right to control any trademark litigation and will take action they deem appropriate if a third party infringes upon their marks. Franchisees are required to promptly notify Pearce Bespoke of any infringement or unauthorized use of the marks and cooperate with any action taken by Pearce Bespoke. Pearce Bespoke will cover the costs and expenses of litigation, including attorney's fees, specifically related to the marks, but they are not required to take affirmative action upon notification of such uses or claims.
If a third party claims superior rights to use any of the marks, and Pearce Bespoke confirms that claim, franchisees must, at their own expense, immediately make the changes and use the substitutions to the marks as required by Pearce Bespoke. This means that franchisees may need to rebrand or modify their marketing materials if a trademark dispute arises and Pearce Bespoke acknowledges the validity of the third party's claim. This could potentially lead to additional costs for the franchisee.
It is important for prospective franchisees to understand that while they are granted a license to use the Pearce Bespoke trademarks, they also bear some responsibility and risk related to potential trademark disputes. They should be prepared to comply with any changes or substitutions to the marks required by Pearce Bespoke and to cover the associated expenses. Additionally, franchisees should be aware that Pearce Bespoke's protection against infringement is not guaranteed, and they may need to seek their own legal counsel in case of disputes.