What is the filing date for the "SAMURAI KO" trademark used by the Benihana franchise?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
| Mark | Serial Number | Filing Date |
|---|---|---|
| HIBACHI KO | 90/746,880 | 06/01/2021 |
| 97/648,224 | 10/26/2022 | |
| BENIHANA TO GO | 97/648,864 | 10/26/2022 |
| RED FLOWER | 90/772,912 | 06/14/2021 |
| HIBACHI KO THE PLACE FOR | 90/811,532 | 07/05/2021 |
| FRIED RICE, WINGS, RIBS & | ||
| RAMEN and Design | ||
| SAMURAI KO | 97/287,870 | 02/28/2022 |
Source: Item 13 — TRADEMARKS (FDD pages 49–55)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, the filing date for the "SAMURAI KO" trademark is February 28, 2022. This information is part of a list detailing various trademarks associated with the Benihana brand and their respective filing dates. The serial number for the "SAMURAI KO" trademark is listed as 97/287,870.
It's important for a prospective franchisee to understand the trademarks that Benihana uses and the terms under which they are licensed. Benihana's affiliate, Noodle Time, Inc., owns all federal registrations of the marks. Benihana has a license agreement with Noodle Time, Inc. granting them the right to use and license the marks to franchisees. This license agreement is perpetual but can be terminated if Benihana defaults and fails to cure the default within a specified time.
Benihana retains certain rights to the marks, including the right to grant other licenses, develop other systems using the marks, and engage in the production, distribution, and sale of products and services using the marks. The Franchise Agreement does not obligate Benihana to protect the franchisee against claims of infringement or unfair competition, but Benihana has the right, but not the obligation, to do so. Franchisees must notify Benihana of any similar trademark use or claims.
Prospective franchisees should be aware that Benihana may require them to discontinue or modify their use of any of the marks or to use additional or substitute trade names, service marks, trademarks, symbols, logos, emblems, and indicia of origin if Benihana determines that an addition or substitution will benefit the Benihana system. This highlights the importance of adhering to Benihana's guidelines regarding trademark usage to maintain brand consistency and avoid potential legal issues.