Are there any pending legal proceedings involving the Crepe De Licious Marks?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
red 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.
Source: Item 13 — TRADEMARKS (FDD pages 43–45)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, there are no pending legal proceedings involving the brand's trademarks. The document states that there are no effective adverse material determinations by the USPTO (United States Patent and Trademark Office), the Trademark Trial and Appeal Board, any state trademark administrator, or any court. Additionally, there are no pending infringement, opposition, cancellation proceedings, or material litigation involving the Crepe De Licious Marks. This indicates that Crepe De Licious is not currently involved in any legal disputes regarding its trademarks.
Crepe De Licious will defend a franchisee against any claim brought by a third party alleging that the franchisee's use of the Marks, in accordance with the Franchise Agreement, infringes upon that party's intellectual property rights. While Crepe De Licious may require the franchisee's assistance, Crepe De Licious will exclusively control any proceeding or litigation relating to their Marks. However, Crepe De Licious is not obligated to pursue any infringing users of their Marks, and the company will take action as appropriate, but is not required to take any action if they do not feel it is warranted.
The Franchise Agreement grants franchisees the non-exclusive right and license to use the System, which includes the use of the Proprietary Marks. Franchisees must notify Crepe De Licious within three days if they learn that any party is using the Marks or a trademark that is confusingly similar to the Marks. Crepe De Licious has the sole discretion to take such action as they deem appropriate to exclusively control any litigation or administrative proceeding involving a trademark licensed by them to the franchisee.
It is important to note that Crepe De Licious does not have a federal registration for their principal trademark, which means their trademark does not have as many legal benefits and rights as a federally registered trademark. If it becomes advisable at any time, in Crepe De Licious's sole discretion, for them and/or the franchisee to modify or discontinue using any Mark and/or use one or more additional or substitute trademarks or service marks, the franchisee must comply with their directions within a reasonable time after receiving notice. However, Crepe De Licious will not reimburse the franchisee for their direct expenses of changing signage, for any loss of revenue, or other indirect expenses due to any modified or discontinued Mark, or for their expenses of promoting a modified or substituted trademark or service mark.