Who owns the Chop5 Salad Kitchen trademarks?
Chop5_Salad_Kitchen Franchise · 2024 FDDAnswer from 2024 FDD Document
ng use of the Marks listed in Item 13. If this happens, you must change to the new trademark at your expense.
Our affiliate, CHOP5 IP LLC, owns the following trademarks that have been registered on the Principal Register of the United States Patent and Trademark Office:
| Mark | Registration Number | | Registration Date (Renewal Date) | |---|---|---|---| | CHOP5 | 5206167 | May 16, 2017 | | | CHOP5 | 5686524 5907716 5908240 | February 26, 2019 November 12, 2019 November 12, 2019 | | All required affidavits have been filed and we intend to file all renewals by the required renewal date.
Franchise Disclosure Document (2024) On December 19, 2023, we entered into an Intellectual Property License Agreement with CHOP5 IP LLC (the
"License Agreement"). Under the terms of the License Agreement, CHOP5 IP LLC granted us the right to use the Marks in the CHOP5 Salad Kitchen System and sublicense the Marks to our franchisees. The term of the License Agreement automatically renews annually, unless it is terminated in accordance with its terms. CHOP5 IP LLC is permitted to terminate the License Agreement only if we: (a) declare bankruptcy or become insolvent; (b) breach CHOP5 IP LLC's quality control standards and fail to cure the breach within a 60-day cure period; or (c) consent to the termination. If the License Agreement is terminated, it states all sublicenses granted by us to our franchisees will continue in full force and effect until the expiration or termination of the applicable franchise agreement. No other agreements limit our right to use or sublicense use of the Marks.
You must follow our rules when using the Marks. You cannot use the Marks as part of a corporate name or with modifying words, designs, or symbols unless you receive our prior written consent. We must approve any fictitious name you intend to use. You cannot use the Marks relating to the sale of any product or service we have not authorized.
You must notify us immediately if you discover an infringing use (or challenge to your use) of the Marks. We will take the action we think appropriate. We are not required to take any action if we do not feel it is warranted. We may require your assistance, but you may not control any proceeding or litigation relating to our Marks. You must not directly or indirectly contest our or CHOP5 IP LLC's rights to the Marks.
We will indemnify you against and reimburse you for: (a) all damages for which you are held liable in a judicial or administrative proceeding based on your use of the Marks in compliance with the Franchise Agreement and Manual;
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chop5 Salad Kitchen's 2024 Franchise Disclosure Document, the trademarks associated with the Chop5 Salad Kitchen brand are owned by CHOP5 IP LLC, which is an affiliate of the franchisor. Chop5 Salad Kitchen has an Intellectual Property License Agreement with CHOP5 IP LLC, granting Chop5 Salad Kitchen the right to use these trademarks within the Chop5 Salad Kitchen system and to sublicense them to its franchisees. This agreement automatically renews annually unless terminated under specific conditions.
Chop5 Salad Kitchen's right to use and sublicense the trademarks depends on the continuation of the License Agreement with CHOP5 IP LLC. However, the agreement states that even if the License Agreement is terminated due to Chop5 Salad Kitchen's bankruptcy, breach of quality control standards, or consent to termination, the sublicenses granted to franchisees will remain in effect until the individual franchise agreements expire or are terminated. This provides some assurance to franchisees regarding their continued use of the trademarks.
The FDD lists several registered trademarks, including "CHOP5", along with their registration numbers and dates. Franchisees must adhere to Chop5 Salad Kitchen's rules regarding the use of these marks and cannot use them in unauthorized ways, such as part of a corporate name without prior written consent or in connection with the sale of unauthorized products or services. Franchisees are also obligated to notify Chop5 Salad Kitchen immediately of any potential infringement or challenges to the use of the trademarks.
Chop5 Salad Kitchen will protect franchisees against damages for which they are held liable in a judicial or administrative proceeding based on their use of the Marks in compliance with the Franchise Agreement and Manual and all costs they reasonably incur in defending against any such claim. However, this indemnification is contingent upon the franchisee promptly notifying Chop5 Salad Kitchen of any claims and fully complying with the Franchise Agreement and Manual. Franchisees cannot directly or indirectly contest the rights of Chop5 Salad Kitchen or CHOP5 IP LLC to the trademarks.