Who owns the rights, title, and interest in the Marks for Crepe De Licious?
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 Crepe De Licious's 2025 Franchise Disclosure Document, Crepe De Licious or its affiliates own all rights, title, and interest in and to the Marks. The agreement specifies that franchisees do not acquire any proprietary interest in the Marks and cannot challenge the ownership or the right to use them. The franchisee's right to use the Marks is merely a nonexclusive license granted under the Franchise Agreement.
Crepe De Licious or its affiliates have taken and will take steps to protect the ownership and validity of the Marks. Franchisees are prohibited from applying for governmental registration of the Marks or contesting their registration status. Franchisees must display the Marks and provide notice of trademark registration as required in the operations manual.
This means that while franchisees are granted the right to use the Crepe De Licious trademarks and service marks to operate their business, they do not own these marks. Crepe De Licious retains full control over its brand identity and how it is protected and used. This is a standard practice in franchising, as it ensures brand consistency and protects the franchisor's intellectual property.