What rights does TA claim regarding the TA Marks used by Petro Stopping Center?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
ch applications are pending as listed above. Therefore, these TA Marks do not have as many legal benefits and rights as a federally registered service mark or trademark. If your right to use any of these unregistered TA Marks is challenged, you may have to change to an alternative service mark or trademark which may increase your expenses.
TA claims common law rights from its exclusive use, protection and enforcement of the TA Marks listed above from the date of their first use. None of these TA Marks are registered in any state. Renewal applications have been timely filed for all of the TA Marks prior to expiration or cancellation of any registrations.
TA and TA Operating have entered into a License Agreement, dated May 15, 2023, as amended from time to time (the "TA / TA Operating License Agreement"), whereby TA Operating has the right to use and sublicense the TA Marks. The term of the TA / TA Operating License Agreement continues until the last day of the end of the term of the last to expire of Petro Franchise's franchise agreements, but not later than December 31, 2043, unless further extended.
TA Operating owns all right, title and interest in the service marks and trademarks listed below (the "TA Operating Marks"). The TA Operating Marks listed below have been registered on the Principal or Supplemental Register of the U.S. Patent and Trademark Office as indicated. All appropriate affidavits of use and incontestability have been filed with respect to these registrations.
Source: Item 13 — TRADEMARKS (FDD pages 56–65)
What This Means (2025 FDD)
According to the 2025 Petro Stopping Center Franchise Disclosure Document, TA claims common law rights from its exclusive use, protection, and enforcement of the TA Marks from the date of their first use. However, none of these TA Marks are registered in any state. TA has filed renewal applications for all of the TA Marks before any registrations expired or were canceled.
TA and TA Operating have a License Agreement, dated May 15, 2023, which has been amended, where TA Operating has the right to use and sublicense the TA Marks. The agreement lasts until the last day of the end of the term of the last to expire of Petro Franchise's franchise agreements, but not later than December 31, 2043, unless further extended.
TA owns all right, title, and interest in the service marks and trademarks, which are referred to as the "TA Marks". These TA Marks have been registered on the Principal or Supplemental Register of the U.S. Patent and Trademark Office. All use and incontestability affidavits have been appropriately filed regarding these registrations.
TA has filed applications for registration on the Principal Register of the U.S. Patent and Trademark Office for the service marks HWY KITCHEN (Application No. 98245989, Application Date: October 30, 2023) and HWY KITCHEN (STYLISED) (Application No. 98246005, Application Date: October 30, 2023).