factual

What are some examples of unregistered marks that Carls Jr. may use?

Carls_Jr Franchise · 2025 FDD

Answer from 2025 FDD Document

Our Proprietary Marks include both registered and unregistered marks. Registered marks are marks that have been registered with the United States Patent and Trademark Office ("USPTO") and enjoy the protections of federal registration. Unregistered marks may include short term product marks (LTOS or similar promotions), trade dress, or other marks that, while not registered, are protected by common law based upon our use of the marks.

Source: Item 13 — TRADEMARKS (FDD pages 56–58)

What This Means (2025 FDD)

According to the 2025 Carls Jr. Franchise Disclosure Document, Carls Jr. uses both registered and unregistered trademarks to identify and distinguish its brand. Registered trademarks are those that have been officially registered with the United States Patent and Trademark Office (USPTO) and thus benefit from federal registration protections.

Carls Jr.'s unregistered marks, on the other hand, are not formally registered with the USPTO but are still protected under common law due to the company's use of these marks. Examples of unregistered marks that Carls Jr. may use include short-term product marks related to limited-time offers (LTOs) or similar promotions. Additionally, the trade dress of Carls Jr. restaurants, which refers to the overall visual appearance and design of the restaurants, may also be considered an unregistered mark. Other marks that, while not registered, are protected by common law based upon Carls Jr.'s use of the marks.

As a franchisee, it's important to understand that you are granted the right to use both registered and unregistered Proprietary Marks designated by Carls Jr. in the operation of your franchised restaurant. However, you must adhere to Carls Jr.'s rules and guidelines when using these marks and cannot use them in any unauthorized manner or seek to register them yourself.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.