Does Crepe De Licious have the right to resolve any dispute regarding the Marks?
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 Franchise Disclosure Document, Crepe De Licious retains all rights, title, and interest in the Marks. As a franchisee, you acknowledge this ownership and agree not to challenge it. Your right to use the Marks is solely a nonexclusive license granted by the franchise agreement.
Crepe De Licious also states that they will take all reasonably necessary steps to protect the ownership and validity of the Marks. As a franchisee, you are prohibited from applying for governmental registration of the Marks or contesting their registration status. You must display the Marks as required in the operations manual and cooperate with Crepe De Licious in maintaining registrations and securing their rights to the Marks.
These stipulations mean that Crepe De Licious maintains ultimate control over its brand and trademarks. As a franchisee, you benefit from using a recognized brand, but you have no independent claim to the Marks and must adhere to Crepe De Licious's standards for their use and protection. Any disputes related to the Marks would be handled by Crepe De Licious to protect its brand identity and value.