What is the purpose of the Marks used by the Cilantro Taco Grill franchise?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor continues to develop, use, and control the use of such Marks in order to identify for the public the source of services and products marketed under the Marks and the System and to represent the System's high standards of quality, appearance, and service.
Source: Item 23 — RECEIPT (FDD pages 52–208)
What This Means (2024 FDD)
According to the 2024 Cilantro Taco Grill FDD, the Marks (including trade names, service marks, trademarks, logos, emblems, and indicia of origin such as the "Cilantro Taco Grill" service mark) are used to identify the source of the services and products marketed under the Cilantro Taco Grill system. The Marks also represent the system's standards for quality, appearance, and service. Cilantro Taco Grill continues to develop, use, and control these Marks to ensure consistent quality and brand recognition.
For a prospective franchisee, this means that the Marks are a crucial part of the Cilantro Taco Grill brand identity and represent the standards that customers associate with the franchise. Franchisees are granted the right to use these Marks to operate their outlets, but must do so in strict accordance with the franchisor's guidelines. This ensures uniformity across all Cilantro Taco Grill locations and helps maintain the brand's reputation.
It is important for franchisees to understand that they cannot use the Marks in any way that is not explicitly authorized by Cilantro Taco Grill. Unauthorized use of the Marks constitutes an infringement of the franchisor's intellectual property rights and a material breach of the franchise agreement. Additionally, all goodwill arising from the franchisee's use of the Marks and the system benefits Cilantro Taco Grill, meaning that upon termination or expiration of the agreement, no monetary value will be assigned to the franchisee for any goodwill associated with their use of the Intellectual Property.
Cilantro Taco Grill also retains the right to substitute different Marks if it believes it will benefit the system. Franchisees are not liable for any expenses, losses, or damages sustained as a result of any additions, modifications, substitutions, or discontinuation of the Marks. Franchisees also agree not to commence or join in any litigation against Cilantro Taco Grill for any of these expenses, losses, or damages.