What is the Beyond Juicery Eatery franchisee's obligation regarding trade name registrations?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
stationery and business cards; (ii) in a notice of such content and form and at conspicuous locations in your Restaurant as we may designate; and (iii) on any authorized delivery vehicles.
- E. You shall not assign, pledge, mortgage, or otherwise encumber your rights to use any of the Trademarks.
- F. You shall not use any of the Trademarks as part of your corporate or other name. You shall comply with our instructions, and shall execute any documents deemed necessary by us, or our counsel, in filing and maintaining any requisite trade name or fictitious name registrations in connection with the Trademarks.
- G. You shall immediately notify us of any (i) infringement of the Trademarks or challenge to the use of any thereof or (ii) claim by any person of any rights in or to any of the Trademarks. You and each Principal Owner shall not communicate with any person except us or our counsel in connection with any such infringement, challenge, or claim. We, in our sole discretion, may take such action as we deem appropriate, and shall exclusively control any litigation or proceeding arising from any infringement, challenge, or claim or otherwise relating to any of the Trademarks. You shall execute any and all instruments and documents, render such assistance and do such acts and things as may, in our opinion or in the opinion of our counsel, be necessary or advisable in any such litigation or proceeding or to otherwise protect or maintain our rights and interest in the Trademarks.
- H. Neither you nor any Principal Owner shall, directly or indirectly, apply for, register, attempt to obtain or obtain control of the Trademarks or any marks or other indicia of ownership or origin which resemble, or are deceptively or confusingly similar to, the Trademarks, in any country or political sub-division thereof.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 FDD, Beyond Juicery Eatery franchisees must comply with the franchisor's instructions and execute any documents deemed necessary by Beyond Juicery Eatery to file and maintain any required trade name or fictitious name registrations related to the trademarks. Franchisees must also notify Beyond Juicery Eatery immediately of any trademark infringements or challenges to the use of the trademarks.
Beyond Juicery Eatery retains exclusive control over any litigation or proceedings arising from such infringements, challenges, or claims related to the trademarks. Franchisees are required to assist in these legal matters by executing documents and providing necessary support to protect Beyond Juicery Eatery's rights and interests in the trademarks.
Furthermore, franchisees and their principal owners are prohibited from applying for, registering, or attempting to control the trademarks or any similar marks. They cannot interfere with Beyond Juicery Eatery's efforts to register or own any name, trademark, or service mark worldwide. Franchisees must also cooperate with Beyond Juicery Eatery to prove the continuous and effective use of the trademarks, including in connection with any registration or renewal.
Upon termination or expiration of the Franchise Agreement, the franchisee must cancel or assign to Beyond Juicery Eatery any assumed name or equivalent registration that contains Beyond Juicery Eatery's name or trademarks. Evidence of compliance with this obligation must be provided to Beyond Juicery Eatery within 30 days after termination or expiration of the agreement. These stipulations ensure Beyond Juicery Eatery maintains control and protection over its brand identity and trademarks.