Does Afuri Ramen Dumpling claim common law rights to the Marks?

According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, the company and its affiliate claim common law rights to their marks. This means that, in addition to registered trademarks, Afuri Ramen Dumpling asserts rights to unregistered trademarks based on their use in commerce. These rights can arise from brand names, logos, or other commercial symbols that, through consistent use, have become associated with Afuri Ramen Dumpling in the minds of consumers.

For a prospective franchisee, this is important because it reinforces Afuri Ramen Dumpling's commitment to protecting its brand identity. Franchisees are allowed to use all trade names, trademarks, service marks, and logos that Afuri Ramen Dumpling owns or may develop in the future. However, franchisees must adhere to Afuri Ramen Dumpling's rules for using the marks and cannot use them in any way that hasn't been authorized in writing. They also can't allow others to use the marks or any similar imitations, especially when combined with other words or phrases.

All goodwill associated with the marks, including any goodwill that arises from a franchisee's activities, accrues directly and exclusively to the benefit of Afuri Ramen Dumpling, unless otherwise provided by law. This means that while franchisees contribute to building brand recognition in their local area, the ultimate value of that recognition belongs to Afuri Ramen Dumpling. This is a common arrangement in franchising, as it ensures brand consistency and protects the franchisor's intellectual property. Franchisees benefit from using a recognized brand, while the franchisor retains control over its trademarks and brand reputation.