Are there any agreements that significantly limit Pearce Bespoke's rights to use its marks?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
bed Marks or are relevant to your use of the Marks for your Pearce Bespoke business.
There are no currently effective determinations of the Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, or any pending infringement, opposition or cancellation proceeding, or any pending material litigation, involving any Marks that are relevant to Pearce Bespoke operations. There are currently no agreements in effect that significantly limit Pearce Bespoke's rights to use or license the use of any Marks listed in this Item 13 in any manner material to the franchise. Pearce Bespoke is unaware of any superior rights or infringing uses which could materially affect your use of the Marks.
Pearce Bespoke is not required to protect you against infringement or unfair competition claims arising out of your use of the Marks, or to participate in your defense or indemnify you. Pearce Bespoke reserves the right to control any trademark litigation and will take the action Pearce Bespoke believes appropriate if a third party infringes Pearce Bespoke's Marks. You must notify Pearce Bespoke promptly if you become aware of any infringement or unauthorized use of the Marks and cooperate with any action that Pearce Bespoke takes. Pearce Bespoke will pay the cost and expense of all litigation Pearce Bespoke incurs, including attorneys' fees, specifically related to the Marks. However, Pearce Bespoke is not required to take affirmative action when notified of these uses or claims. If any party claims that its rights to use any of the Marks are superior and Pearce Bespoke confirms that claim, you must, at your expense, immediately make the changes and use the substitutions to the Marks as Pearce Bespoke requires.
Source: Item 13 — TRADEMARKS (FDD page 29)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, there are currently no agreements in effect that significantly limit Pearce Bespoke's rights to use or license its trademarks in any manner material to the franchise. Pearce Bespoke also states that it is unaware of any superior rights or infringing uses that could materially affect a franchisee's use of the marks. This suggests that Pearce Bespoke has full control over its trademarks and can license them to franchisees without significant restrictions from third parties. This is a positive sign for potential franchisees, as it indicates that they should be able to use the Pearce Bespoke brand name and logos without legal challenges.
However, Pearce Bespoke does not guarantee protection against infringement or unfair competition claims arising from a franchisee's use of the marks. Pearce Bespoke reserves the right to control any trademark litigation and will take action if a third party infringes on its marks, but it is not obligated to take affirmative action when notified of potential infringements. If a third party's claim to the marks is superior, franchisees must, at their own expense, make changes to the marks as required by Pearce Bespoke.
Pearce Bespoke has registered the "Pearce Bespoke" mark with the Supplemental Register of the USPTO under U.S. Registration No. 6868173, with a registration date of October 4, 2022. The company states that it intends to file all necessary documents to maintain its interest in the marks. Registration on the Supplemental Register provides some legal protection, but it is less comprehensive than registration on the Principal Register. A prospective franchisee should consider the implications of the mark's registration status and the potential for disputes over trademark rights.
In summary, while Pearce Bespoke asserts that no current agreements limit its trademark rights, franchisees should be aware that they may bear the cost of defending against infringement claims if Pearce Bespoke does not take action. The registration of the trademark on the Supplemental Register offers some protection, but it is not absolute. A potential franchisee should conduct their own due diligence and consider consulting with an attorney to fully understand the risks and responsibilities associated with using the Pearce Bespoke trademarks.