Who owns the Marks and the System used by Crepe De Licious franchisees?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise Agreement and your payment of Royalties grant you the non-exclusive right and license to use the System, which includes the use of the Proprietary Marks. You may also use other future trademarks, service marks, and logos we approve to identify your Crepe de licious Franchise.
The Marks and the System are owned by Holdings, and are licensed exclusively to us. Holdings has granted us an exclusive license ("Trademark License") to use the Marks to franchise the System in the United States. The Trademark License is for ten years and began on December 23, 2014. It will automatically renew for subsequent ten-year periods provided we are not in default or do 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 our franchisees until such time as each franchise agreement expires or is otherwise terminated.
Source: Item 13 — TRADEMARKS (FDD pages 43–45)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, the Marks and the System are owned by Holdings, which licenses them exclusively to Crepe de licious Holding USA, Inc. This arrangement allows Crepe De Licious to grant franchisees the non-exclusive right to use the System and Proprietary Marks, provided they adhere to the Franchise Agreement and pay royalties. The exclusive license granted to Crepe De Licious by Holdings began on December 23, 2014, and is set for an initial term of ten years, with automatic renewal for subsequent ten-year periods if Crepe De Licious remains in compliance with the Trademark License agreement.
This licensing agreement is critical for prospective franchisees because it defines the legal basis under which they can operate using the Crepe De Licious brand. Should Crepe De Licious fail to maintain the Trademark License by defaulting or breaching the agreement in a way that damages the Marks or the goodwill of the System, Holdings has agreed to directly license the Marks to the franchisees until their individual franchise agreements expire or are terminated. This provision offers a degree of security to franchisees, ensuring they can continue operating under the brand even if the relationship between Holdings and Crepe De Licious changes.
It is important for potential Crepe De Licious franchisees to understand the terms and conditions of both the Franchise Agreement and the Trademark License, as these documents dictate the scope and limitations of their rights to use the brand's intellectual property. Additionally, franchisees must comply with the franchisor's rules regarding the use of the Marks, including proper display and approved usage in advertising and contracts. Franchisees must also acknowledge their status as independently owned and operated licensees of Crepe de licious Holding USA, Inc. in their business operations.