Under the Crave franchise agreement, is a franchisee allowed to represent that they have acquired ownership rights in the Crave Marks through their limited license or use of the 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.
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, franchisees are explicitly restricted in how they can use the brand's trademarks. The franchise agreement specifies that franchisees must operate and advertise their franchised business solely under the name "Crave" unless the franchisor authorizes otherwise. Franchisees cannot use the Crave Marks, or any variations of them, as part of their corporate or legal name without prior approval.
Moreover, franchisees must identify themselves as independent owners of the franchised business in conjunction with any use of the Marks. This includes uses on invoices, order forms, receipts, and contracts, as well as displaying a notice in a conspicuous location on the premises or delivery vehicles. This requirement ensures customers understand that the franchise is independently owned and operated, not a direct extension of the Crave corporate entity.
Additionally, franchisees are prohibited from using the Marks to incur any obligation or indebtedness on behalf of Crave. 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. These stipulations are in place to protect the integrity and value of the Crave brand and prevent any misuse or misrepresentation by franchisees.