What does Burger King consider to be its principal trademarks?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
marks, or maintained as a separate concept.
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ITEM 13 TRADEMARKS
We grant you the right to operate under the name "BURGER KING" and to use our current trademarks in the operation of your Restaurant. By trademarks, we mean trade names, trade dress, trademarks, service marks and logos used to identify your Restaurant.
We consider the trademarks in the chart below to be our principal trademarks. These trademarks have been registered, or applications have been filed, as indicated below, with the United States Patent and Trademark Office ("USPTO") on the Principal Register. All registrations required to be renewed have been or will be renewed on a timely basis, and all required affidavits have been or will be filed for these principal trademarks.
| Trademark/Service Mark | Status | Serial / Registration Number | Application / Registration Date |
|---|---|---|---|
| BK | Registered | Reg. 3476576 | Reg. 07/29/2008 |
| BK | Registered | Reg. 3534987 | Reg. 11/18/2008 |
| BK | Registered | Reg. 2790924 | Reg. 12/09/2003 |
| BURGER KING | Registered | Reg. 869775 | Reg. 05/20/1969 |
| BURGER KING | Registered | Reg. 3355280 | Reg. 12/18/2007 |
| BURGER KING & Crescent Design | Registered | Reg. 2428846 | Reg. 02/13/2001 |
| BURGER KING & Crescent Design | Registered | Reg. 2755927 | Reg. 08/26/2003 |
| BURGER KING & Hamburger Design | Registered | Reg. 901311 | Reg. 10/20/1970 |
| BURGER KING & Hamburger Design (Color, Red & | Registered | Reg. 1057250 | Reg. 01/25/1977 |
| Orange) | |||
| BURGER KING & Hamburger Refresh Design | Registered | Reg. 6397840 | Reg. 06/22/2021 |
| Hamburger Refresh Design (color) | Registered | Reg. 6397841 | Reg. 06/22/2021 |
| BURGER KING YOUR WAY & Hamburger Refresh | Registered | Reg. 6702821 | Reg. 04/12/2022 |
| Design |
| Trademark/Service Mark | Status | Serial / Registration Number | Application / Registration Date |
|---|---|---|---|
| HAVE IT YOUR WAY | Registered | Reg. 961016 | Reg. 06/12/1973 |
| HAVE IT YOUR WAY (Stylized) | Registered | Reg. 1081348 | Reg. 01/03/1978 |
| HOME OF THE WHOPPER | Registered | Reg. 782990 | Reg. 01/05/1965 |
| KING JR | Registered | Reg. 5392316 | Reg. 01/30/2018 |
| WHOPPER | Registered | Reg. 3736973 | Reg. 01/12/2010 |
You must follow our rules when you use these trademarks.
Source: Item 13 — TRADEMARKS (FDD pages 74–77)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, the company considers several trademarks to be its principal trademarks. These include both the "BURGER KING" name and logo, as well as other marks associated with its key products and branding. Burger King has registered these trademarks with the United States Patent and Trademark Office (USPTO) on the Principal Register, which means they have legal protection. Burger King also states that all registrations required to be renewed have been or will be renewed on a timely basis, and all required affidavits have been or will be filed for these principal trademarks.
The trademarks considered principal by Burger King include "BK", "BURGER KING", "BURGER KING & Crescent Design", "BURGER KING & Hamburger Design", "BURGER KING & Hamburger Design (Color, Red & Orange)", "BURGER KING & Hamburger Refresh Design", "Hamburger Refresh Design (color)", "BURGER KING YOUR WAY & Hamburger Refresh Design", "HAVE IT YOUR WAY", "HAVE IT YOUR WAY (Stylized)", "HOME OF THE WHOPPER", "KING JR", and "WHOPPER". Each of these trademarks has been registered with the USPTO, as indicated by their registration numbers and dates.
For a prospective franchisee, this means they are granted the right to use these trademarks when operating their Burger King restaurant, but they must adhere to Burger King's rules for usage. These rules ensure brand consistency and prevent misuse of the trademarks. Franchisees cannot use the trademarks as part of a corporate name or with unauthorized modifications. The Franchise Agreement strictly controls how franchisees can use these marks, and any unauthorized use could lead to legal issues or termination of the agreement.
Burger King also requires franchisees to notify them of any suspected infringement of or challenges to their trademarks, maintaining sole discretion over any legal action regarding the trademarks. This is a common practice in franchising, as the franchisor needs to protect its brand identity and intellectual property. While Burger King will typically handle legal defense of its trademarks, franchisees may be required to assist in these efforts and may be reimbursed for out-of-pocket costs if the litigation does not arise from the franchisee's inconsistent use of the trademarks.