What is the status of the 'CREPE DE LICIOUS' mark?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
s:
| Mark | Registration Number/Serial Number | Registration/ Application Date | Status | |
|---|---|---|---|---|
| CREPE DE LICIOUS | 4,659,446 | December 23, 2014 | Registered on the Principal Register | |
| 4,659,447 | December 23, 2014 | Registered on the Principal Register | ||
| Crêpe Delicious Urban Cafê | 6129712 | August 18, 2020 | Registered on the Principal Register | |
| 6135463 | August 25, 2020 | Registered on the Principal Register | All required affidavits have been filed for the registered Marks. There are no effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, and no pending infringement, opposition, or cancellation proceedings or material litigation involving the Marks. Except for the Trademark License, no agreement significantly limits our right to use or license the Marks in any manner material to the Crepe de licious Business. We do not know of any superior prior rights or infringing uses that could materially affect your use of the trademarks. We do not have a federal registration for our principal trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark. |
You must follow our rules when using the Marks. You cannot use our name or Mark as part of a corporate name or with modifying words, designs, or symbols unless you receive our prior written consent. You must indicate to the public in any contract, advertisement, and with a conspicuous sign in your Crepe de licious Business that you are an independently-owned and operated licensed franchisee of Crepe de licious Holding USA, Inc. You may not use the Marks in the sale of unauthorized products or services, or in any manner we do not authorize. You may not use the Marks in any advertising for the transfer, sale, or other disposition of the Crepe de licious Business, or any interest in the Franchise. All rights and goodwill from the 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.
ITEM 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
The information in the Operations Manual is proprietary and is protected by copyright and other laws. The designs contained in the Marks, the layout of our advertising materials, the content and format of our products, and any other writings and recordings in print or electronic form are also protected by copyright and other laws. Although we have not applied for copyright registration for the Operations Manual, our advertising materials, the content and format of our products, or any other writings and recordings, we claim common law and federal copyrights in these items.
Source: Item 13 — TRADEMARKS (FDD pages 43–45)
What This Means (2025 FDD)
According to Crepe De Licious's 2025 Franchise Disclosure Document, the trademark 'CREPE DE LICIOUS' is registered on the Principal Register with the United States Patent and Trademark Office (USPTO) under registration number 4,659,446, with a registration date of December 23, 2014. There is a second registration under number 4,659,447 with the same registration date. Additionally, the 'Crêpe Delicious Urban Cafê' mark is also registered on the Principal Register under registration number 6129712, dated August 18, 2020, and registration number 6135463, dated August 25, 2020. All required affidavits have been filed for the registered Marks. There are no effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, and no pending infringement, opposition, or cancellation proceedings or material litigation involving the Marks.
Crepe De Licious's parent company, Holdings, owns the Marks and System, and licenses them exclusively to Crepe De Licious. Crepe De Licious, in turn, grants franchisees a non-exclusive right and license to use the System, including the Proprietary Marks, upon payment of royalties. The Trademark License began on December 23, 2014, for a term of ten years, with automatic renewal for subsequent ten-year periods, provided Crepe De Licious is not in default or does not materially breach the Trademark License agreement. If the Trademark License agreement is terminated, Holdings has agreed to license the use of the Marks directly to Crepe De Licious franchisees until each franchise agreement expires or is otherwise terminated.
Crepe De Licious will defend franchisees against third-party claims that their use of the Marks, in accordance with the Franchise Agreement, infringes upon that party's intellectual property rights. Franchisees must notify Crepe De Licious within three days if they learn of any infringing use of the Marks or confusingly similar trademarks. However, Crepe De Licious has no obligation to pursue any infringing users of the Marks and will take action as deemed appropriate. Franchisees must comply with Crepe De Licious's directions if it becomes advisable to modify or discontinue using any Mark, but Crepe De Licious will not reimburse franchisees for expenses related to changing signage or any loss of revenue due to modified or discontinued Marks.
As a franchisee, you must follow Crepe De Licious's rules when using the Marks and indicate in contracts, advertisements, and with a conspicuous sign that you are an independently-owned and operated licensed franchisee. All rights and goodwill from the use of the Marks accrue to Crepe De Licious. Franchisees must prominently display the Marks on franchise posters, displays, service contracts, stationery, and other designated forms, and give any notices of trade and service mark registrations and copyrights that Crepe De Licious specifies.