Can a Crepe De Licious franchisee use the brand's marks on employment-related documents?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of a Crepe de licious business, including "CREPE DE LICIOUS" and any other trademarks, service marks, or trade names that we designate for use by a Crepe de licious business. The term "Marks" also includes any distinctive trade dress used to identify a Crepe de licious business, whether now in existence or hereafter created.
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)
Based on the 2025 Crepe De Licious Franchise Disclosure Document, franchisees are granted a limited license to use the brand's marks, but Crepe De Licious retains ownership and control over those marks. The FDD defines "Marks" as the logotypes, service marks, and trademarks involved in the operation of a Crepe De Licious business, including "CREPE DE LICIOUS," and any other trademarks, service marks, or trade names that Crepe De Licious designates for use by a Crepe De Licious business. The term "Marks" also includes any distinctive trade dress used to identify a Crepe De Licious business, whether now in existence or hereafter created.
The agreement specifies that franchisees cannot acquire any proprietary interest in the marks and cannot challenge Crepe De Licious's ownership or right to use them. The franchisee's right to use the marks is a nonexclusive license derived solely from the franchise agreement. Franchisees are required to display the marks and give notice of trademark registration as directed in the Operations Manual.
While the excerpts provided do not explicitly address whether a Crepe De Licious franchisee can use the brand's marks on employment-related documents, the strict control Crepe De Licious maintains over its marks suggests that any such use would likely need to be approved by the franchisor. A prospective franchisee should clarify with Crepe De Licious the specific guidelines regarding the use of the brand's marks on documents such as employment contracts, offer letters, or employee handbooks to ensure compliance with the franchise agreement and protect the brand's intellectual property.