What must a Crave franchisee do regarding documents required to protect the Marks?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
You must sign any documents we require to protect the Marks or to maintain their continued validity and enforceability. In addition, you may not directly or indirectly contest the validity of our ownership of or our rights in and to the Marks.
You must immediately notify us of any apparent infringement of the Marks or challenge to your use of any of the Marks or claim by any person of any rights in any of the Marks. You and your Principals are not permitted to communicate with any person other than us, or any designated affiliate, our counsel and your counsel involving any infringement, challenge, or claim. We can take action and have the right to exclusively control any litigation or USPTO or other administrative or agency proceeding caused by any infringement, challenge or claim or otherwise relating to any of the Marks. You must sign any and all documents, and do what may, in our counsel's opinion, be necessary or advisable to protect our interests in any litigation or USPTO or other administrative or agency proceeding or to otherwise protect and maintain our interests and the interests of any other person or entity (including any affiliate) having an interest in the Marks.
We may require you, at your expense, to discontinue or modify your use of any of the Marks or to use one or more additional or substitute trade names, service marks, trademarks, symbols, logos, emblems and indicia of origin if we determine that an addition or substitution will benefit the System.
Our Parent intends to file all affidavits and other documents required to maintain its interests in and to the Marks and intends to renew the registration of the Marks at the times required by law.
Source: Item 13 — TRADEMARKS (FDD pages 46–47)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, franchisees are obligated to assist in protecting Crave's trademarks. Specifically, a franchisee must sign any documents Crave requires to protect the Marks or to maintain their continued validity and enforceability. This requirement ensures that Crave can take necessary legal and administrative actions to safeguard its brand identity. Franchisees must also comply with Crave's instructions for filing and maintaining trade name or fictitious name registrations.
Furthermore, franchisees must immediately notify Crave of any apparent infringement of the Marks, any challenge to their use, or any claim by any person of any rights in the Marks. Franchisees are not allowed to communicate with anyone other than Crave, its designated affiliates, or their own counsel regarding any infringement, challenge, or claim. This restriction ensures that Crave maintains exclusive control over any litigation or proceedings related to the Marks.
Crave retains the right to take action and exclusively control any litigation or USPTO or other administrative or agency proceeding caused by any infringement, challenge, or claim relating to the Marks. This control is crucial for maintaining consistency and protecting the overall brand. Crave's parent company intends to file all affidavits and other documents required to maintain its interests in and to the Marks and intends to renew the registration of the Marks at the times required by law.
Crave also has the right to require franchisees, at their own expense, to discontinue or modify their use of any of the Marks or to use one or more additional or substitute trade names, service marks, trademarks, symbols, logos, emblems, and indicia of origin if Crave determines that an addition or substitution will benefit the System. This provision allows Crave to adapt its branding and protect its trademarks effectively.