According to the Byrider franchise agreement, who owns the Marks?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.3 The Trade/Service Marks. The Company is the owner of and has the right to license the use of the name "CNAC", "CNAC CARNOW ACCEPTANCE COMPANY", "CNAC CARNOW ACCEPTANCE COMPANY plus the design", "BYRIDER" and "BYRIDER plus the design" and the trademarks, service marks, logos, and trade names now or hereafter used in connection with the System (herein called the "Marks").
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, Byrider Franchising Partners, LLC, owns and has the right to license the use of the Marks. The Marks include the names "CNAC", "CNAC CARNOW ACCEPTANCE COMPANY", "CNAC CARNOW ACCEPTANCE COMPANY plus the design", "BYRIDER" and "BYRIDER plus the design" and the trademarks, service marks, logos, and trade names used in connection with the Byrider system.
This means that Byrider franchisees are granted a license to use these Marks as part of their franchise agreement, but they do not own the Marks themselves. Byrider retains ownership and control over its brand identity, ensuring consistency across all franchise locations.
As a franchisee, it is crucial to understand that the right to use the Marks is contingent upon maintaining compliance with the franchise agreement. Any unauthorized use of the Marks could result in a breach of contract and potential legal consequences. Byrider retains the right to modify or improve the Marks over time, and franchisees are expected to adapt to these changes to maintain a consistent brand image.