Who owns the Bhc trademarks that are licensed to franchisees in the United States?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
chicken croquettes; pickles 043 Restaurants; cafes; self-service restaurants | February 25, 2020 (Registration) | BHC Korea owns the Trademarks and as described in Item 1, has licensed them to BHC so that we may sublicense them to our franchisees in the United States. The license is in perpetuity. Your use of the mark identified above as well as other trademarks, service marks, trade names and commercial symbols we may authorize in the future (collectively, the "Marks" or "Proprietary Marks"), and any goodwill is pursuant to a license granted to you under the MFA and you retain no further rights in the Marks. You also retain no rights in the Marks upon expiration or termination of your MFA. You are not permitted to make any changes or substitutions of any kind in or to the use of the Marks unless we direct in writing. We may change the System presently identified by the Marks, including the adoption of new Marks, new products, new equipment or new techniques and you must adopt the changes in the System. You must comply within a reasonable time if we notify you to discontinue or modify your use of any Mark. We will have no liability or obligation as to your modification or discontinuance of any Mark.
There are currently no effective material determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, or any pending infringement, opposition or cancellation proceeding, or any pending material litigation, involving the Marks. There are currently no agreements in effect that significantly limit our rights to use or license the use of any Marks in any manner material to the franchise, except for the trademark License Agreement between us and BHC Korea.
You must use, and shall ensure that your Affiliate Franchisee and your Subfranchisees use, reasonable efforts to protect the IP Rights (as defined below), including the Marks, by (i) promptly notifying us of any known or suspected infringement of the Marks, including trademarks that are identical to or confusingly similar to the Marks, and other IP Rights, (ii) rendering necessary assistance during relevant proceedings, and (iii) providing any other assistance we deem necessary.
You may not use the Marks as a part of your corporate or other legal name, and you must comply with our instructions in filing and maintaining trade name or fictitious name registrations. You must sign any documents we require to protect the Marks or to maintain their continued validity and enforceability. In addition, you may not directly or indirectly contest the validity of our ownership of or our rights in and to the Marks.
The license to use the Marks granted in the MFA is non-exclusive to you. We have and retain certain rights in the Marks including the following:
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- To grant other licenses for the use of the Marks in addition to those licenses already granted or to be granted to franchisees;
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Source: Item 13 — Trademarks (FDD pages 39–41)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, the trademarks are owned by BHC Korea. Bhc is licensed to sublicense these trademarks to its franchisees in the United States. This license from BHC Korea to Bhc is perpetual, meaning it continues indefinitely.
As a franchisee, you are granted a license to use Bhc's trademarks, but you do not retain any ownership rights in them. This license is granted under the Master Franchise Agreement (MFA), and your right to use the trademarks ends if the MFA expires or is terminated. Bhc retains the right to change the system identified by the trademarks, including adopting new marks, products, equipment, or techniques, and franchisees are obligated to adopt these changes.
Bhc also retains certain rights, including the right to grant other licenses for the use of the marks, develop other systems using the marks, and engage in the production, distribution, and sale of products and services using the marks. Franchisees must use reasonable efforts to protect Bhc's intellectual property rights, including the trademarks, by notifying Bhc of any known or suspected infringement and providing necessary assistance during relevant proceedings. Franchisees cannot use the marks as part of their corporate or legal name and must comply with Bhc's instructions for trade name registrations. They also cannot contest the validity of Bhc's ownership of the trademarks.