What section of the Crave franchise agreement discusses the use of marks?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
9.3 Limitation on Use of Marks
With respect to your licensed use of the Marks pursuant to this Agreement, you further agree that:
- 9.3.1 Unless otherwise authorized or required by us, you shall operate and advertise the Franchised Business only under the name "Crave" without prefix or suffix. You shall not use the Marks, or any portions, variations, or derivatives thereof, as part of your corporate or other legal name and shall obtain our approval of a trade name or "d/b/a" prior to filing it with the applicable state authority.
- 9.3.2 During the term of this Agreement and any successor term hereof, you shall identify yourself as the independent owner of the Franchised Business in conjunction with any use of the Marks, including, but not limited to, uses on invoices, order forms, receipts and contracts, as well as the display of a notice in such content and form and at such conspicuous locations on the premises of the Franchised Business, or on any delivery vehicle as we may designate in writing.
- 9.3.3 You shall not use the Marks to incur any obligation or indebtedness on our behalf;
9.3.4 You shall comply with our instructions in filing and maintaining the requisite trade name or fictitious name registrations and shall execute any documents deemed necessary by us or our counsel to obtain protection of the Marks or to maintain their continued validity and enforceability.
9.4 Notification of Infringement or Claim
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, Section 9.3 of the franchise agreement, titled "Limitation on Use of Marks," outlines the specific regulations and limitations regarding a franchisee's use of Crave's trademarks. This section details how franchisees are permitted to use the "Crave" name, and it restricts the use of the marks in corporate or legal names without prior approval from Crave.
Specifically, franchisees must identify themselves as independent owners of the Franchised Business in conjunction with any use of the Marks on invoices, order forms, receipts, and contracts. They must also display a notice in a conspicuous location on the premises or on any delivery vehicle as designated by Crave. This ensures customers are aware of the franchisee's independent ownership while maintaining brand consistency.
Furthermore, franchisees are prohibited from using the Marks to incur any obligations or indebtedness on Crave's behalf. They must also comply with Crave's instructions for filing and maintaining trade name or fictitious name registrations and execute any documents necessary to protect the Marks' validity and enforceability. This protects Crave's trademarks and ensures they remain legally defensible.
Section 9.4 requires franchisees to notify Crave of any infringement or claim related to the marks. These stipulations are typical in franchise agreements to protect the brand's intellectual property and ensure consistent representation across all franchise locations.