Who owns the Casiola 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.
Source: Item 13 — TRADEMARKS (FDD pages 32–34)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, Casiola Worldwide LLC, an affiliate of Casiola, owns the licensed marks. Casiola Worldwide LLC has granted Casiola a license to use these marks, which includes the right to sublicense them to franchisees. The initial term of this license is 20 years, with automatic renewal thereafter.
Even if the license agreement between Casiola Worldwide LLC and Casiola is terminated due to a breach, Casiola franchisees retain the right to use the marks as outlined in their Franchise Agreement. Casiola retains the right to modify the marks used in connection with the operations of the Casiola business. Franchisees are only allowed to use the licensed marks as authorized in writing by Casiola and according to the terms of the Franchise Agreement. The licensed marks cannot be used in the name of any corporate entity established by the franchisee.
Casiola also has the right to modify and/or replace the Licensed Marks if a third party establishes superior rights to the marks. In such a case, Casiola will reimburse the franchisee for direct out-of-pocket costs of complying with this obligation, including alterations in signage and replacement of marketing materials.