According to the Benihana franchise agreement, who is the exclusive licensee of the Marks?

According to Benihana's 2024 Franchise Disclosure Document, BNC is the exclusive licensee in the United States, including its territories and possessions, of all proprietary and other property rights and interests in and to certain trade names, service marks, and/or trademarks, including BENIHANA®, BENIHANA OF TOKYO®, and the "Flower" symbol. These trademarks are collectively known as the "Marks".

This means that BNC, as the exclusive licensee, has the sole right to use, develop, and enforce these trademarks within the specified territory. As a Benihana franchisee, you acknowledge the validity of these marks and agree that any goodwill arising from your use of them will solely benefit the owner of the marks. You are only permitted to use the marks designated by BNC and in the manner explicitly outlined in the franchise agreement or in writing by BNC.

Furthermore, any advertising, publicity, signs, or other materials using the marks must be submitted to BNC for approval before use. This ensures that the marks are used correctly and consistently, maintaining the brand's integrity. You cannot use the marks or anything confusingly similar as part of your corporate name, email address, domain name, or any other identification of your business.