What is the service mark under which a Cilantro Taco Grill outlet operates?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
CTG IP LLC is the owner of the Marks and has granted us the exclusive right to use the Marks and license to others the right to use the Marks in the operation of a Cilantro Taco Grill outlet in accordance with the system. The Franchise Agreement will license to you the right to operate your Cilantro Taco Grill outlet under the following Cilantro Taco Grillservice mark, as well as any additional principal marks that we designate ("Principal Marks"):
| Mark | Filing Number | Filing Date | Registration Number | Registration Date | Register |
|---|---|---|---|---|---|
| 88046940 | 07/20/2018 | 6132986 | 08/25/2020 | Principal |
Source: Item 13 — TRADEMARKS (FDD pages 35–36)
What This Means (2024 FDD)
According to the 2024 Cilantro Taco Grill Franchise Disclosure Document, franchisees are granted the right to operate under the "Cilantro Taco Grill" service mark. CTG IP LLC owns the marks and has granted the franchisor the exclusive right to use and license them for Cilantro Taco Grill outlets. The franchise agreement licenses the right to operate under this service mark, as well as any additional principal marks that Cilantro Taco Grill designates.
Cilantro Taco Grill works with its affiliate, CTG IP LLC, to file required affidavits with the USPTO for the Principal Marks. The license agreement between CTG IP LLC and Cilantro Taco Grill gives Cilantro Taco Grill broad rights to use the Marks in connection with the operation of the Cilantro Taco Grill franchise system, and to sublicense to franchisees the right to use the Marks, in strict accordance with the Franchise Agreement. The term of the license agreement is for 5 years, commencing May 23, 2023, and will automatically renew every 5 years.
The FDD lists one mark with Filing Number 88046940, Filing Date 07/20/2018, Registration Number 6132986, Registration Date 08/25/2020, and Register Principal. Cilantro Taco Grill will take action against infringements of the Principal Marks or other Marks. Franchisees must cooperate fully with Cilantro Taco Grill and its affiliate in defending and/or settling litigation. Cilantro Taco Grill reserves the right to substitute different Marks if they can no longer use the current Marks, or if they determine that substitution of different Marks will be beneficial to the System.
Cilantro Taco Grill may require franchisees, at their expense, to modify or stop using any Mark, including the Principal Marks, or to use one or more additional or substitute Marks. Franchisees must not directly or indirectly contest CTG IP LLC's right, or Cilantro Taco Grill's right, to the Principal Marks or other Marks. As of the date of the 2024 Disclosure Document, Cilantro Taco Grill knows of no superior prior rights or infringing uses that could materially affect a franchisee's use of the Principal Marks.