Who owns the Licensed Marks for Beard Papas and grants the license to the franchisor?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 FDD Document
Under the terms of the Franchise Agreement, you will be granted a license to use the "Beard Papa's" trademark and those other marks that we designate. Our affiliate DAY TO LIFE CO., Ltd. is the owner of the Licensed Marks and has granted to us a license to use the Licensed Marks and to license our franchisees to use the Licensed Marks (the "License Agreement"). We reserve the right to supplement and modify the marks that you may or may not use in connection with the operations of your Shop. You may only use the Licensed Marks as authorized by us in writing and under the terms of your Franchise Agreement. You may not use the Licensed Marks in the name of any Corporate Entity that you establish.
Source: Item 13 — TRADEMARKS (FDD pages 40–42)
What This Means (2025 FDD)
According to Beard Papas's 2025 Franchise Disclosure Document, the owner of the Licensed Marks is DAY TO LIFE CO., Ltd., an affiliate of Beard Papas. DAY TO LIFE CO., Ltd. grants Beard Papas the license to use these marks and to sub-license them to its franchisees. This arrangement is formalized through a License Agreement between DAY TO LIFE CO., Ltd. and Beard Papas.
For a prospective franchisee, this means that their right to use the Beard Papas trademarks is ultimately derived from the agreement between DAY TO LIFE CO., Ltd. and Beard Papas. Franchisees must adhere to the guidelines set by Beard Papas regarding the use of these marks, as outlined in the Franchise Agreement and other written instructions. Beard Papas retains the right to modify the marks that franchisees are authorized to use.
The FDD also emphasizes that franchisees can only use the Licensed Marks as authorized in writing by Beard Papas and under the terms of the Franchise Agreement. They are prohibited from using the Licensed Marks in the name of any corporate entity they establish. Beard Papas also commits to protecting the franchisee's right to use the Licensed Marks against infringement claims, provided the franchisee uses the marks correctly and follows the agreement terms.
Several principal trademarks associated with Beard Papas are registered with the United States Patent and Trademark Office (USPTO), including "BEARD PAPA’S FRESH’N NATURAL CREAM PUFFS" and "BEARD PAPA’S". However, some principal trademarks are not registered with the USPTO, which means they do not have the same legal protections. If the right to use these unregistered trademarks is challenged, franchisees may be required to switch to alternative trademarks, potentially increasing their expenses.