What must a Crepe De Licious franchisee do regarding trade and service mark registrations and copyrights?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
use of the Marks accrue to us.
You must prominently display the Marks on or with franchise posters and displays, service contracts, stationery, other forms we designate, and in the manner we prescribe; to give any notices of trade and service mark registrations and copyrights that we specify; and to obtain any fictitious or assumed name registrations that may be required under applicable law.
We will defend you against any claim brought against you by a third party that your use of the Marks, in accordance with the Franchise Agreement, infringes upon that party's intellectual property rights. We may require your assistance, but we will exclusively control any proceeding or litigation relating to our Marks. We have no obligation to pursue any infringing users of our Marks. If we learn of an infringing user, we will take the action appropriate, but we are not required to take any action if we do not feel it is warranted. You must notify us within three days if you learn that any party is using the Marks or a trademark that is confusingly similar to the Marks. We have the sole discretion to take such action as we deem
appropriate to exclusively control any litigation or administrative proceeding involving a trademark licensed by us to you.
If it becomes advisable at any time, in our sole discretion, for us and/or you to modify or discontinue using any Mark and/or use one or more additional or substitute trademarks or service marks, you must comply with our directions within a reasonable time after receiving notice. We will not reimburse you for your direct expenses of changing signage, for any loss of revenue, or other indirect expenses due to any modified or discontinued Mark, or for your expenses of promoting a modified or substituted trademark or service mark.
You must not directly or indirectly contest our right to the Marks. We may acquire, develop, and use additional marks not listed here, and may make those marks available for your use and for use by other franchisees.
Source: Item 13 — TRADEMARKS (FDD pages 43–45)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, franchisees have several obligations regarding the brand's trademarks, service marks, and copyrights. Franchisees must prominently display the marks on franchise posters, displays, service contracts, stationery, and other designated forms, adhering to Crepe De Licious's prescribed manner. They are also required to provide any notices of trade and service mark registrations and copyrights as specified by Crepe De Licious. Additionally, franchisees must obtain any fictitious or assumed name registrations that may be required by applicable law. These stipulations ensure consistent brand representation and legal compliance across all franchise locations.
Crepe De Licious maintains control over the use of its marks, prohibiting franchisees from using the name or mark as part of a corporate name or with modifying elements without prior written consent. Franchisees must clearly indicate in contracts, advertisements, and with a conspicuous sign that they are independently owned and operated licensed franchisees of Crepe De Licious Holding USA, Inc. The use of marks is restricted to authorized products and services and must not be used in unauthorized manners or in advertising for the transfer, sale, or disposition of the Crepe De Licious business or franchise interest. All rights and goodwill resulting from the use of the marks accrue to Crepe De Licious, reinforcing the franchisor's ownership and control.
Crepe De Licious also outlines the process for addressing infringement claims. While Crepe De Licious will defend franchisees against third-party claims of intellectual property infringement related to the use of the marks, franchisees must notify Crepe De Licious within three days if they become aware of any unauthorized use of the marks or confusingly similar trademarks. Crepe De Licious retains the sole discretion to take appropriate action in such cases, including litigation or administrative proceedings. Franchisees are obligated to comply with any directions from Crepe De Licious to modify or discontinue using a mark, although Crepe De Licious will not reimburse franchisees for expenses related to changing signage or any loss of revenue resulting from such changes. These measures protect the brand's intellectual property and ensure uniformity across the franchise system.