Are any of the TA Operating Marks registered in any state for Petro Stopping Center?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
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 FDD, the TA Operating Marks are not registered in any state. Petro Stopping Center claims common law rights to the TA Marks from the date of their first use. TA Operating owns all rights, titles, and interests in the service marks and trademarks, also known as the TA Operating Marks. These marks are registered on either the Principal or Supplemental Register of the U.S. Patent and Trademark Office.
Petro Stopping Center has a license agreement with TA Operating, dated May 15, 2023, which grants Petro Stopping Center the right to use and sublicense the TA Marks and TA Operating Marks. This agreement remains effective until the expiration of the franchise agreements, but no later than December 31, 2043, unless extended.
Prospective franchisees should understand that while these marks are federally registered, the lack of state registration could have implications. If the right to use these marks is challenged, Petro Stopping Center may need to change to an alternative service mark or trademark, potentially increasing expenses for the franchisee. It is important for franchisees to adhere to the guidelines provided by Petro Stopping Center regarding the use of these marks, including proper use of federal registration symbols and adherence to ethical advertising practices.