On what date was the "BENIHANA ORIGINAL YUM YUM SAUCE (Stylized)" trademark registered?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
| BENIHANA (Stylized) | 5,150,352 | 02/28/2017 |
|---|---|---|
| ROCKY’S CHOICE | 5,552,519 | 08/28/2018 |
| BENIHANA THE JAPANESE | 5,603,096 | 11/06/2018 |
| STEAKHOUSE | ||
| BENIHANA | 5,603,401 | 11/06/2018 |
| BENIHANA | 5,702,279 | 03/19/2019 |
| CREATING GREAT GUEST | 5,702,278 | 03/19/2019 |
| MEMORIES! | ||
| BENIHANA | 5,734,805 | 04/23/2019 |
| CREATING GREAT GUEST | 5,814,996 | 07/23/2019 |
| MEMORIES! | ||
| BENIHANA ORIGINAL YUM | 5,863,612 | 09/17/2019 |
| YUM SAUCE | ||
| BENIHANA ORIGINAL YUM | 5,863,789 | 09 |
Source: Item 13 — TRADEMARKS (FDD pages 49–55)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, the trademark "BENIHANA ORIGINAL YUM YUM SAUCE (Stylized)" was registered on September 17, 2019. This registration provides Benihana with legal protection for this specific branding of their Yum Yum Sauce, preventing unauthorized use by other entities. This protection extends to the stylized version of the trademark, offering a broader scope of exclusivity.
For a prospective franchisee, this trademark registration signifies that Benihana has secured its brand identity for this product, which is a key element of the Benihana dining experience. Franchisees can be confident that they are offering a product with a legally protected brand, which can enhance customer recognition and loyalty. The FDD also mentions that franchisees are granted the right to use trademarks designated by Benihana, including the red flower design and the words BENIHANA® or BENIHANA OF TOKYO®. However, franchisees may not use the Marks as part of their corporate or other legal name.
It is important to note that all federal registrations of the Marks are owned by Benihana's affiliate, Noodle Time, Inc. Benihana has a license agreement with Noodle Time, granting them the right to use and license the Marks to franchisees. While this arrangement is currently perpetual, there is a risk that the License Agreement could be terminated if Benihana defaults and fails to cure the default within a specified time. In such a case, Noodle Time would continue to license the Marks to the franchisees under the terms of the Franchise Agreement.
Benihana retains certain rights in the Marks, including the right to grant other licenses for the use of the Marks and to develop other systems using the Marks without providing any rights to the franchisee. Benihana also has the right to engage in the production, distribution, and sale of products and services using the Marks. This means that while franchisees have the right to use the Marks, Benihana can also use them independently, potentially in ways that may compete with or complement the franchise operations.