On what date was the trademark "EXPERIENCE THE ORIGINAL" registered for Benihana?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
| Japanese Characters Design | 2,983,575 | 08/09/2005 |
|---|---|---|
| BENIHANA | 3,784,161 | 05/04/2010 |
| THE CHEF’S TABLE Design | 3,843,673 | 09/07/2010 |
| FLOWER Design | 3,928,723 | 03/08/2011 |
| BENIHANA | 3,928,737 | 03/08/2011 |
| KABUKI KIDS | 4,030,722 | 09/27/2011 |
| KABUKI KIDS + Design | 4,030,723 | 09/27/2011 |
| THE CHEF’S TABLE | 4,221,563 | 10/09/2012 |
| EXPERIENCE THE ORIGINAL | 4,320,373 | 04/16/2013 |
| FLOWER Design | 5,150,349 | 02/28/2017 |
| BENIHANA | 5,150,351 | 02/28/2017 |
Source: Item 13 — TRADEMARKS (FDD pages 49–55)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, the trademark "EXPERIENCE THE ORIGINAL" was registered on April 16, 2013, with the U.S. Patent and Trademark Office. The registration number for this trademark is 4,320,373. This information is relevant to potential franchisees as it outlines the specific trademarks they are authorized to use when operating a Benihana restaurant.
Benihana grants franchisees the right to use its trademarks, service marks, trade names, logotypes, and other commercial symbols, including the red flower design and the words BENIHANA® or BENIHANA OF TOKYO®. However, franchisees must adhere to Benihana's guidelines regarding the use of these marks and can only use them for the operation of their Benihana Restaurant. Franchisees cannot use the marks as part of their corporate or legal name and must follow Benihana's instructions for trade name registrations.
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 the Marks for their business operations and to license their use to franchisees. This license agreement is perpetual, but Noodle Time can terminate it if Benihana defaults and fails to cure the default within the specified time. If the License Agreement is terminated, Noodle Time will continue to license the Marks to the franchisee on the terms in the Franchise Agreement.
Benihana is not obligated to protect any rights granted to the franchisee to use the Marks or to protect them against claims of infringement or unfair competition. However, Benihana has the right, but not the obligation, to protect the franchisee against such claims arising out of their use of the Marks. Franchisees must notify Benihana of any use of, or claims of rights to, a trademark identical or confusingly similar to the Marks. Benihana is not obligated to indemnify the franchisee against any damages for which they may be held liable in any proceeding arising out of the use of the names or Marks or any costs incurred in the defense of any such claim.