Does any agreement significantly limit the right to use or license the Crepe De Licious Marks?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
All required affidavits have been filed for the registered Marks. There are no effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, and no pending infringement, opposition, or cancellation proceedings or material litigation involving the Marks. Except for the Trademark License, no agreement significantly limits our right to use or license the Marks in any manner material to the Crepe de licious Business. We do not know of any superior prior rights or infringing uses that could materially affect your use of the trademarks. We do not have a federal registration for our principal trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark.
You must follow our rules when using the Marks. You cannot use our name or Mark as part of a corporate name or with modifying words, designs, or symbols unless you receive our prior written consent. You must indicate to the public in any contract, advertisement, and with a conspicuous sign in your Crepe de licious Business that you are an independently-owned and operated licensed franchisee of Crepe de licious Holding USA, Inc. You may not use the Marks in the sale of unauthorized products or services, or in any manner we do not authorize. You may not use the Marks in any advertising for the transfer, sale, or other disposition of the Crepe de licious Business, or any interest in the Franchise. All rights and goodwill from the use of the Marks accrue to us.
Source: Item 13 — TRADEMARKS (FDD pages 43–45)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, the only agreement that significantly limits their right to use or license the Marks in any manner material to the Crepe De Licious business is the Trademark License. This Trademark License is an exclusive license granted to Crepe De Licious by Holdings to use the Marks to franchise the System in the United States.
The Trademark License began on December 23, 2014, and is for a term of ten years. It will automatically renew for subsequent ten-year periods if Crepe De Licious is not in default or does not materially breach the Trademark License agreement by engaging in any activity which damages the Marks or the goodwill of the System. If the Trademark License agreement is terminated, Holdings has agreed to license the use of the Marks directly to Crepe De Licious franchisees until each franchise agreement expires or is otherwise terminated.
Crepe De Licious also does not have a federal registration for their principal trademark, which means their trademark does not have as many legal benefits and rights as a federally registered trademark. As a Crepe De Licious franchisee, you must adhere to the company's rules when using the Marks, and you cannot use their name or Mark as part of a corporate name or with modifying words, designs, or symbols unless you receive their prior written consent. You must also indicate to the public that you are an independently-owned and operated licensed franchisee of Crepe De Licious Holding USA, Inc.