What are Proprietary Marks for Carls Jr., as defined in the FDD?
Carls_Jr Franchise · 2025 FDDAnswer from 2025 FDD Document
liates and their franchisees operate may solicit and accept orders from customers near your business. Because they are separate companies, we do not expect any conflicts between our franchisees and our affiliates' franchisees regarding territory, customers and support, and we have no obligation to resolve any perceived conflicts that might arise.
ITEM 13 TRADEMARKS
For Carl's Jr. Restaurant franchisees, we grant you the right to operate a restaurant under the name "Carl's Jr." and to use our other current or future trademarks that we designate in the operation of your Franchised Restaurant. By trademarks, we mean trade names, trademarks, trade dress, service marks, logos, insignias, slogans, emblems, symbols, designs and any combination of these or any other indicia of source used to identify and distinguish the Carl's Jr. brand (our "Proprietary Marks"). We own all right, title and interest in and to the Proprietary Marks and you will only have such rights to use the Proprietary Marks as granted to you in the Franchise Agreement.
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. In addition to other registered trademarks, we own the following principal trademarks ("Principal Trademarks") that have been registered with the USPTO on the Principal Register, and any applicable required affidavits of continued use have been filed and accepted:
| Trademark | Registration Number | Registration Date | |---|---|---| | 1,631,819 1,383,339 1,297,845 1,151,330 | 01/15/91 (Renewed) 02/18/86 (Renewed) 09/25/84 (Renewed) 04/14/81 (Renewed) | |
| Trademark | Registration Number | Registration Date |
|---|---|---|
| 5,651,207 | 01/08/19 (Renewed) | |
| CARL'S JR. | 1,400,272 | 07/08/86(Renewed) |
| 901,315 | 10/20/70 (Renewed) | |
| HAPPY STAR | 1,084,351 | 01/31/78 (Renewed) |
| 3,524,587 | 10/28/08 (Renewed) | |
| 5,654,099 | 01/15/19 (Renewed) | |
| STAR PALS | 6760794 | 06/14/22 |
| 5932708 | 12/10/19 | |
| FAMOUS STAR | 3612923 | 04/29/2009 (Renewed) |
| SUPER STAR | 1099039 | 08/08/78 (Renewed) |
| 6701966 | 04/12/22 | |
| 6001520 | 03/03/20 | |
| WESTERN BACON | 1456922 | 09/08/1987 (Renewed) |
| CHEESEBURGER | 1481762 | 03/22/1988 (Renewed) |
You must follow our rules when you use the Proprietary Marks.
Source: Item 13 — TRADEMARKS (FDD pages 56–58)
What This Means (2025 FDD)
According to the 2025 Carls Jr. Franchise Disclosure Document, Proprietary Marks encompass various elements used to identify and distinguish the Carls Jr. brand. These include trade names, trademarks, trade dress, service marks, logos, insignias, slogans, emblems, symbols, designs, and any combination of these elements. Carls Jr. owns all rights to these Proprietary Marks, and franchisees are granted limited rights to use them as specified in the Franchise Agreement.
The Proprietary Marks include both registered and unregistered marks. Registered marks are those that have been officially registered with the United States Patent and Trademark Office (USPTO) and are protected by federal registration. Unregistered marks, while not formally registered, are protected by common law based on Carls Jr.'s usage. These may include short-term product marks, trade dress, or other similar marks. The FDD lists several principal trademarks that have been registered with the USPTO, such as CARL'S JR., HAPPY STAR, FAMOUS STAR, SUPER STAR, WESTERN BACON, and CHEESEBURGER.
Carls Jr. franchisees must adhere to specific rules when using the Proprietary Marks. They are prohibited from using the marks as part of a business entity name or with unauthorized modifications. The marks cannot be used in connection with the sale of unauthorized products or services, nor can franchisees seek registration of any mark similar to a Proprietary Mark. Franchisees are required to promptly report any infringement of the Proprietary Marks to Carls Jr. and must obtain written approval before taking any action regarding such infringement. Carls Jr. has the right, but not the obligation, to take action against infringements and may involve the franchisee in any related legal proceedings. Franchisees cannot contest the validity or ownership of the Proprietary Marks.