How may a Casiola franchisee use the Licensed Marks?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
ill be offered by you through the Franchised Business.
ITEM 13 TRADEMARKS
Under the terms of the Franchise Agreement, you will be granted a license to use the "Casiola" trademark and those other marks identified in the table below in connection with the operations of the Franchised Business. Our affiliate Casiola Worldwide LLC is the owner of the Licensed Marks and has granted to us a license with an initial 20 year term and with automatic renewal thereafter to use the Licensed Marks and to license our franchisees to use the Licensed Marks (the "License Agreement"). Although the License Agreement may be terminated as a result of a breach of the License Agreement, in the event of any termination of the License Agreement, our franchisee will continue to maintain the right to use the Marks pursuant to the terms of their Franchise Agreement. Termination of the License Agreement does not terminate use of the Marks by our authorized franchisees. We reserve the right to supplement and modify the marks that you may or may not use in connection with the operations of your Casiola Business. You may only use the Licensed Marks as authorized by us in writing and under the terms of your Franchise Agreement. You may not use the Licensed Marks in the name of any Corporate Entity that you establish.
Principal Trademarks Registered with the United States Patent and Trademark Office
The principal trademarks identified in the schedule below are a part of the Licensed Marks, our System, are registered with the United States Patent and Trademark Office (the "USPTO") and, unless otherwise designated by us, will be used by you in the operations of the Franchised Business. As to these marks all required affidavits have been filed with the USPTO.
| Mark | USPTO Registration | Registration Type | Registration Date |
|---|---|---|---|
| Number | |||
| CASIOLA | 4623848 | Principal | October 21, 2014 |
| CASIOLA | 6057604 | Principal | May 19, 2020 |
| VACATION HOMES YOU'LL LOVE | 6046187 | Principal | May 5, 2020 |
| VACATION HOMES YOU'LL LOVE | 6046073 | Principal | May 5, 2020 |
| 5468104 | Principal | May 15, 2018 | |
| 6612422 | Principal | January 11, 2022 | |
| 6612416 | Principal | January 11, 2022 |
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board and/or the trademark administrator in any state or any court; no pending infringement, opposition or cancellation proceedings; and no pending litigation involving the Licensed Marks.
Source: Item 13 — TRADEMARKS (FDD pages 32–34)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, franchisees are granted a license to use the "Casiola" trademark and other identified marks in connection with operating their franchised business. Casiola Worldwide LLC owns the Licensed Marks and has granted Casiola a license to use and sublicense these marks to franchisees. This license has an initial term of 20 years with automatic renewal thereafter. Even if the License Agreement between Casiola and Casiola Worldwide LLC is terminated, franchisees retain the right to use the marks as per their Franchise Agreement.
Casiola reserves the right to modify the marks that franchisees can use. Franchisees are only allowed to use the Licensed Marks as authorized in writing by Casiola and under the terms of the Franchise Agreement. They cannot use the Licensed Marks in the name of any corporate entity they establish. This means a franchisee must adhere strictly to Casiola's guidelines on trademark usage, ensuring brand consistency and avoiding any unauthorized use that could jeopardize the trademark's integrity.
Casiola will protect the franchisee's right to use the Licensed Marks and defend against infringement claims, provided the franchisee uses the marks according to the Franchise Agreement, manuals, and Casiola's instructions. Casiola will indemnify franchisees against direct damages for trademark infringement arising from their use of the Licensed Marks, provided the franchisee complies with the Franchise Agreement, promptly notifies Casiola of any claim, and allows Casiola to control the defense and settlement. If a third party establishes superior rights to the marks, Casiola will modify or replace the Licensed Marks, and the franchisee must use the revised marks. Casiola will reimburse the franchisee for direct out-of-pocket costs for complying with this obligation, such as alterations in signage and replacement of marketing materials.