What is the name of the Benihana affiliate that currently owns the trademarks used in connection with BENIHANA® Restaurants?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
We have entered into an agreement to transfer ownership of our trademarks used in connection with BENIHANA® Restaurants to our affiliate, Noodle Time, Inc. ("Noodle Time"), the current registered owner of the trademarks. Noodle Time has granted us a perpetual license to use the marks and to sublicense them to our affiliates or third-parties.
Source: Item 1 — THE FRANCHISOR, ITS PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 8–12)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, the affiliate that currently owns the trademarks used in connection with BENIHANA® Restaurants is Noodle Time, Inc. Benihana has entered into an agreement to transfer ownership of these trademarks to Noodle Time, Inc., which is now the registered owner.
Despite transferring ownership, Benihana retains significant rights to use the trademarks. Noodle Time, Inc. has granted Benihana a perpetual license to use the marks and to sublicense them to its own affiliates or third parties. This arrangement allows Benihana to continue using its brand name and logos without interruption, while Noodle Time, Inc. manages the legal ownership of the trademarks.
For a prospective franchisee, this means that while Benihana is the company offering the franchise, another entity, Noodle Time, Inc., technically owns the brand's trademarks. However, the perpetual license ensures that Benihana franchisees can operate under the BENIHANA® name and utilize its associated trademarks without concern for the change in ownership. This type of arrangement is not uncommon in franchising, as companies often restructure their holdings for various legal and financial reasons.