Does the Crave franchise agreement grant franchisees any right, title, or interest in the Crave trademarks, service marks, trade names, trade dress, logos, copyrights, or proprietary materials?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
ARTICLE 9 MARKS
9.1 Use of Marks
We grant you the right to use the Marks during the term of this Agreement in accordance with the System and related standards and specifications.
9.2 Ownership of Marks; Limited License
You expressly understand and acknowledge that:
- 9.2.1 We are the owner or the licensee of the owner of all right, title and interest in and to the Marks and the goodwill associated with and symbolized by them. All references herein to our right, title and interest in the Marks shall be deemed to include the owner's right, title and interest in the Marks.
- 9.2.2 Neither you nor any Principalshall take any action that would prejudice or interfere with the validity of our rights with respect to the Marks. Nothing in this Agreement shall give you any right, title, or interest in or to any of the Marks or any service marks, trademarks, trade names, trade dress, logos, copyrights or proprietary materials, except the right to use the Marks and the System in accordance
with the terms and conditions of this Agreement for the operation of the Franchised Business and only at or from its approved location or in approved advertising related to the Franchised Business.
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, franchisees do not acquire any ownership rights to Crave's trademarks, service marks, trade names, trade dress, logos, copyrights, or proprietary materials. Instead, Crave grants franchisees a limited license to use its Marks and System during the term of the Franchise Agreement. This usage must align with Crave's standards and specifications for operating the franchised business at its approved location or in approved advertising related to the franchised business.
Crave retains ownership or holds the license from the owner for all rights, titles, and interests in the Marks, including the goodwill associated with them. Franchisees are prohibited from taking any actions that could harm or interfere with the validity of Crave's rights regarding the Marks. This underscores that the franchisee's rights are strictly limited to the usage granted within the franchise agreement, ensuring Crave maintains control over its brand identity and associated intellectual property.
This arrangement is typical in franchising, where the franchisor carefully protects its brand and system. Crave's approach ensures consistency and quality across all franchise locations, as franchisees must adhere to the franchisor's standards. Prospective franchisees should understand that their rights to use Crave's intellectual property are contractual and time-limited, tied to the duration and terms of their franchise agreement. Upon termination of the agreement, all rights to use the Marks revert back to Crave.