How does the Casiola trademark license granted in Item 13 relate to the franchisee's obligation to maintain the franchisor's standards and specifications as mentioned in Item 8?
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.
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, Item 13 states that as a franchisee, you are granted a license to use the "Casiola" trademark and other marks in connection with operating the Franchised Business. This license is subject to the terms of the Franchise Agreement. Casiola Worldwide LLC, an affiliate, owns the Licensed Marks and grants Casiola the right to license these marks to franchisees. Even if the License Agreement between Casiola and its affiliate is terminated, the franchisee's right to use the marks continues under the Franchise Agreement. Casiola retains the right to modify the marks used in the Casiola Business, and franchisees can only use the Licensed Marks as authorized in writing by Casiola and under the Franchise Agreement terms. The franchisee cannot use the Licensed Marks in the name of any Corporate Entity they establish.
Item 23 defines several terms relevant to the franchise agreement, including "Franchised Business," which means the Casiola Business that the franchisee must develop, establish, maintain, and operate as part of the Casiola system. This operation must align with the terms, conditions, and obligations outlined in the Franchise Agreement and the Operations Manual. The franchisee must operate exclusively within their designated Operating Market. The term "Licensed Marks" includes trademarks, service marks, emblems, and indicia of origin, such as the "Casiola" trademark and logo, which are authorized by Casiola for identifying Casiola Businesses and Approved Services and Products. These marks are subject to modification, replacement, and discontinuance by Casiola based on its reasonable business judgment.
Item 23 also specifies that Casiola will provide franchisees access to the Operations Manual, which contains mandatory and suggested specifications, standards, and operating procedures for Casiola Businesses. Franchisees are required to operate their Franchised Business in strict accordance with these standards and specifications. This obligation ensures uniformity and consistency across all Casiola locations, protecting the brand's reputation and customer experience. The use of Licensed Marks is directly tied to adhering to these standards, as the marks represent the quality and service that customers expect from a Casiola Business. Therefore, the trademark license granted in Item 13 is contingent upon the franchisee's compliance with the standards and specifications detailed in the Operations Manual and Franchise Agreement, as referenced in Item 8.