Who owns the Potbelly Sandwich Works trademarks?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
PSW, LLC, our affiliate, claims ownership of these Marks and has registered all Marks on the Principal Register of the United States Patent and Trademark Office (USPTO). PSW, LLC intends to file all required affidavits of use and renewal applications when due for the various Marks if the Marks still are important to the system.
PSW, LLC has licensed us to use and sublicense the Marks in our franchise program. The initial term of our license agreement with PSW, LLC, dated as of September 11, 2009, is 20 years with 3 successive renewal terms of 10 years each if we are not in default of our obligations. PSW, LLC generally may not terminate the license agreement unless we are in default and fail to cure the default within not less than 30 days. However, the license agreement automatically terminates if we transfer the agreement or any of our license rights without PSW, LLC's approval. If PSW, LLC's license to us expires or is terminated, your rights under the Franchise Agreement will not be affected. You will have the right to operate your Shop during the remaining franchise term, and any permitted successor franchise agreement term, if you comply for PSW, LLC's benefit with all of your obligations. No other agreement limits our right to use or sublicense the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 51–54)
What This Means (2025 FDD)
According to Potbelly Sandwich Works's 2025 Franchise Disclosure Document, the trademarks are owned by PSW, LLC, an affiliate of Potbelly Sandwich Works. PSW, LLC has registered all of the marks on the Principal Register of the United States Patent and Trademark Office (USPTO) and intends to file all required affidavits of use and renewal applications when due, assuming the marks are still important to the system.
Potbelly Sandwich Works is licensed by PSW, LLC to use and sublicense the marks in its franchise program. The initial term of the license agreement, which is dated September 11, 2009, is 20 years, with three successive 10-year renewal terms available if Potbelly Sandwich Works is not in default of its obligations. Generally, PSW, LLC may not terminate the license agreement unless Potbelly Sandwich Works defaults and fails to cure the default within at least 30 days. However, the license agreement automatically terminates if Potbelly Sandwich Works transfers the agreement or any of its license rights without PSW, LLC's approval.
Importantly, the FDD states that a franchisee's rights under the Franchise Agreement will not be affected if PSW, LLC's license to Potbelly Sandwich Works expires or is terminated. In such a case, the franchisee retains the right to operate their Potbelly Sandwich Works shop during the remaining franchise term, and any permitted successor franchise agreement term, provided they comply with all obligations for PSW, LLC's benefit. No other agreement limits Potbelly Sandwich Works's right to use or sublicense the marks.