What specific Marks are included in the definition of 'Marks' for the Benihana franchise?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
Benihana National Corp. ("BNC") is the exclusive licensee in the United States of America, 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 (collectively, the "Marks").
Source: Item 23 — Receipts (FDD pages 74–576)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, the term 'Marks' collectively refers to specific trade names, service marks, and trademarks for which Benihana National Corp. (BNC) is the exclusive licensee in the United States and its territories. These Marks include BENIHANA®, BENIHANA OF TOKYO®, and the 'Flower' symbol. Noodle Time, Inc. owns the Marks and has granted BNC an exclusive, perpetual license to use and sublicense them.
As a Benihana franchisee, you are granted a non-exclusive license to use these Marks in operating your restaurant at the approved location, adhering to Benihana's standards. Your right to use the Marks is limited to the specific franchised restaurant location. Any unauthorized use of the Marks constitutes an infringement of Benihana's rights and a breach of the franchise agreement.
Benihana retains control over how the Marks are used, requiring franchisees to submit all advertising, publicity, signs, and other materials employing the Marks for approval before use. This ensures consistent brand representation and quality control across all Benihana locations. Upon termination or expiration of the franchise agreement, the franchisee acknowledges that any goodwill associated with the use of the Marks reverts solely to the owner of the Marks.