Can a Crepe De Licious franchisee apply for governmental registration of the Marks?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
10.02 Registration. We or our affiliates have taken and will take all steps reasonably necessary, in our and their sole opinion, to preserve and protect ownership of, and the validity of, the Marks. You will not apply for governmental registration of the Marks, or contest the registration status of the Marks. You will display the Marks, and give notice of trademark registration and claims in the following manner: "CREPE DE LICIOUS" (or as otherwise required in the Operations Manual). You will cooperate fully and in good faith with us and our affiliates for the purpose of maintaining registrations and prosecuting applications for the Marks, and otherwise securing and preserving their rights in and to the Marks.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, franchisees are prohibited from applying for governmental registration of the Marks. The Marks, including the name "CREPE DE LICIOUS", are owned by Crepe De Licious or its affiliates.
Crepe De Licious retains the right to take necessary actions to protect the ownership and validity of the Marks. The franchisee's right to use the Marks is a nonexclusive license granted solely under the Franchise Agreement.
As part of the franchise agreement, franchisees must display the Marks and provide notice of trademark registration as directed in the Operations Manual. Franchisees are obligated to cooperate with Crepe De Licious in maintaining registrations and prosecuting applications for the Marks.