Are there any final effective determinations that limit Pearce Bespoke's right to use its marks?

According to Pearce Bespoke's 2025 Franchise Disclosure Document, there are currently no final effective determinations from the USPTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court proceedings that would limit or restrict Pearce Bespoke's right to use its marks. This means that, as of the FDD's publication, no legal or administrative ruling exists that prevents Pearce Bespoke from using its trademarks. The FDD also states that 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.

For a prospective franchisee, this is a positive sign, indicating that Pearce Bespoke's trademarks are not currently subject to any legal challenges or restrictions that could impact their ability to operate under the brand. However, it's important to note that Pearce Bespoke only claims common law rights to the Marks and other terms and phrases used regularly in connection with the Business. Pearce Bespoke also claims common law rights to their 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 their rights.

Pearce Bespoke has registered the mark Pearce Bespoke with U.S. Registration No. 6868173 on October 4, 2022, on the Supplemental Register. The Supplemental Register offers less protection than the Principal Register. Pearce Bespoke states that they have filed and intend to file all affidavits and any other documents required to maintain their interest in and to the Marks upon renewal or at any other time required for renewal and to maintain their interest in and to the Marks.

It is important for a franchisee to stay informed about any potential future challenges to the trademarks and to follow Pearce Bespoke's instructions regarding trademark usage. The franchisee must notify Pearce Bespoke promptly if they become aware of any infringement or unauthorized use of the Marks and cooperate with any action that Pearce Bespoke takes. 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. 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.