What does 'Trademark' mean in the context of a Beyond Juicery Eatery franchise?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: TRADEMARKS]
You receive the right to operate your Restaurant under the name Beyond Juicery + Eatery, which is the primary Mark used to identify our System. You may also use any other current or future Marks to operate your Restaurant that we designate, including the logo on the front of this Disclosure Document and the service marks listed below. By "Trademark," we mean any trade name, trademark, service mark, or logo used to identify your business.
The following is a description of the principal Trademarks we will sublicense to you. The following table discloses the Marks that are either registered or pending on the U.S. Patent and Trademark Office ("USPTO") Principal Register and the Marks for which our Licensor has filed applications for registration on the Principal Register. Our Licensor intends to file all required affidavits and renewals as the same become due.
| Mark | Registration Number | Application Number | Principal or Supplemental Register of the United States Patent and Trademark Office | Registration Date | Application Date |
|---|---|---|---|---|---|
| BEYOND JUICERY + | 5,057,496 | 86,755,234 | 5,755,234 Principal | September 13, | |
| EATERY® | 2015 | ||||
| BEYOND | 5,405,108 | 87,414,319 | Principal | February 20, | April 17, 2017 |
| JUICERY + EATERY | 2018 | ||||
| I NEED A HERO® | 6,174,733 | 88,855,036 | Principal | October 13, 2020 | March 31, 2020 |
| FRESH IS OUR FOCUS PEOPLE ARE OUR PURPOSE TM | 6,972,649 | 97,206,242 | Principal | February 7, 2023 | January 6, 2022 |
There are presently no effective determinations of the United States Patent and Trademark Office ("USPTO"), or the Trademark Administrator of this State, or any court; no pending infringement, interference, opposition, or cancellation proceeding; or pending material litigation involving Trademarks which are relevant to the use of the Trademarks in this State. There are no agreements limiting our rights to use or license the Trademarks. There is no pending material federal or state court litigation regarding our use of the Trademark.
We have no obligation to protect any rights which you may have to use the Trademarks and have no obligation to protect you against claims of trademark or trade dress infringement or unfair competition with respect to such Trademarks.
You must immediately notify us, in writing, of any claim, demand, or suit concerning any attempt by others to use any Trademarks that are licensed to you. If we defend or prosecute any such claim, you are obligated to execute any and all documents and do such acts as may, in the opinion of our counsel, be necessary to carry out such defense or prosecution. We are not required to defend you against a claim by a third party against your use of our Trademarks.
We reserve the right to adopt new Trademarks at any time, or to change our existing Trademarks. If we adopt new marks, or change our existing marks, you must use the new or modified marks and discontinue the use of any marks we decide to change or discontinue. You must pay for these changes.
Upon termination of this franchise, for any reason, you will immediately discontinue all use of Trademarks or any designations confusingly similar thereto.
We know of an individual making common law use of the words "Willoughby's Beyond Juice" in Rochester, Michigan. As such, your rights to use the Trademarks may be affected in the Rochester,
Michigan market. Other than "Willoughby's Beyond Juice," we do not know of any superior previous rights or uses that could materially affect your use of the Trademarks.
Source: Item 13 — TRADEMARKS (FDD pages 45–47)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery Franchise Disclosure Document, a 'Trademark' refers to any trade name, trademark, service mark, or logo used to identify the business. The primary mark is 'Beyond Juicery + Eatery,' but franchisees may also use other marks designated by Beyond Juicery Eatery, including logos.
Beyond Juicery Eatery owns the rights to these trademarks through Beyond Juicery Eatery IP, LLC, the Licensor. The Licensor has granted Beyond Juicery Eatery the right to sublicense these trademarks to franchisees. Franchisees must adhere to quality control standards set by the Licensor regarding the use of the trademarks. Failure to comply with these standards could result in the termination of the Franchise Agreement.
Franchisees do not acquire any rights in the trademarks themselves, and all goodwill associated with their use benefits the Licensor. Upon termination of the franchise agreement, franchisees must immediately cease using the trademarks. Beyond Juicery Eatery retains the right to change existing trademarks or adopt new ones, and franchisees are obligated to implement these changes at their own expense. Franchisees are also responsible for notifying Beyond Juicery Eatery of any claims or suits regarding the use of the trademarks.
The FDD lists several registered trademarks, including 'BEYOND JUICERY + EATERY®,' 'BEYOND JUICERY + EATERY,' 'I NEED A HERO®,' and 'FRESH IS OUR FOCUS PEOPLE ARE OUR PURPOSE TM.' These marks are registered on the Principal Register of the U.S. Patent and Trademark Office (USPTO). However, there is a known common law use of the words 'Willoughby's Beyond Juice' in Rochester, Michigan, which could affect a franchisee's rights to use the trademarks in that specific market.