What is the registration date for the 'WE BRING THE HOT' mark used by Potbelly Sandwich Works?

According to Potbelly Sandwich Works's 2025 Franchise Disclosure Document, the registration date for the trademark 'WE BRING THE HOT' is September 29, 2022. The trademark registration numbers associated with this mark are 97,612,443, 97,612,401, and 97,612,404. The FDD also indicates that the affidavits of use and incontestability for this mark are currently pending.

For a prospective franchisee, this information is important because it confirms that Potbelly Sandwich Works has taken steps to protect its brand identity through trademark registration. The 'WE BRING THE HOT' mark is part of the intellectual property that franchisees are authorized to use when operating their Potbelly Sandwich Works location. The fact that the affidavits are still pending suggests that the registration process is ongoing, which is not uncommon.

It is worth noting that Potbelly Sandwich Works's affiliate, PSW, LLC, owns the trademarks and licenses them to Potbelly Sandwich Works for use in the franchise program. The license agreement between PSW, LLC and Potbelly Sandwich Works has an initial term of 20 years, with options for three successive 10-year renewal terms, provided Potbelly Sandwich Works is not in default of its obligations. This arrangement ensures that Potbelly Sandwich Works has the right to sublicense the trademarks to its franchisees, allowing them to operate under the Potbelly Sandwich Works brand. Franchisees should be aware of the terms and conditions surrounding the use of these trademarks, as outlined in the franchise agreement and operations manual.