What is a Crepe De Licious franchisee prohibited from doing with the Marks after termination?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
10.01 Ownership of the Marks. You acknowledge that we or our affiliates own all rights, title and interest in and to the Marks. You will not acquire any proprietary interest in the Marks, and you will not challenge ownership of the Marks or our right to use the Marks. Except as expressly provided in this Agreement, you will not acquire any rights to the Marks. Your right to use the Marks is merely a nonexclusive license, derived solely under this Agreement.
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 FDD, franchisees acknowledge that Crepe De Licious or its affiliates own all rights, title, and interest in and to the Marks. Franchisees cannot acquire any proprietary interest in the Marks, challenge the ownership of the Marks, or Crepe De Licious's right to use the Marks, except as expressly provided in the Franchise Agreement. The right to use the Marks is merely a nonexclusive license, derived solely under the Franchise Agreement.
Crepe De Licious has taken and will take all steps reasonably necessary to preserve and protect ownership of, and the validity of, the Marks. Franchisees are prohibited from applying for governmental registration of the Marks or contesting the registration status of the Marks. Franchisees must display the Marks and give notice of trademark registration and claims in the manner required in the Operations Manual.
Franchisees must cooperate fully and in good faith with Crepe De Licious and its affiliates to maintain registrations and prosecute applications for the Marks, and otherwise securing and preserving their rights in and to the Marks. This means that upon termination of the franchise agreement, the franchisee loses all rights to use the Crepe De Licious Marks and must cease all use of them immediately.