Under the Casiola Franchise Agreement, what are franchisees granted a license to use?
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, franchisees are granted a license to use specific trademarks in connection with operating their franchised business. These trademarks include the "Casiola" trademark itself, along with other marks listed in the FDD. Casiola Worldwide LLC, an affiliate, owns these licensed marks and has granted Casiola a license to use and sublicense them to franchisees. This initial license has a 20-year term and automatically renews thereafter.
Even if the License Agreement between Casiola and its affiliate is terminated due to a breach, franchisees retain the right to use the marks as outlined in their Franchise Agreement. Casiola retains the right to modify or supplement the marks that franchisees can use. Franchisees are only allowed to use the Licensed Marks as authorized in writing by Casiola and according to the terms of the Franchise Agreement. They cannot use the Licensed Marks as part of the name of any corporate entity they establish.
The principal trademarks, which are part of Casiola's system, are registered with the United States Patent and Trademark Office (USPTO). These registered trademarks, unless otherwise specified by Casiola, must be used in the operation of the franchised business. The FDD lists several registered trademarks, including "CASIOLA" (registration numbers 4623848 and 6057604) and "VACATION HOMES YOU'LL LOVE" (registration numbers 6046187 and 6046073), among others. All necessary affidavits have been filed with the USPTO for these marks.