What is included in the definition of 'Marks' that Crisp & Green franchisees are allowed to use?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
Pursuant to the Franchise Agreement, you will have the right to operate a Restaurant under the name "Crisp & Green". You may also use our other current or future trademarks associated with the System to operate your Franchised Restaurant (collectively, the "Marks"). By "trademark," we mean trade names, trademarks, service marks, trade dress, and logos used to identify CRISP & GREEN® Restaurants. All of the Marks are owned by our Parent, Crisp & Green LLC, and licensed to us pursuant to a Trademark License Agreement dated February 28, 2018 (the "Trademark License Agreement"). The Trademark License Agreement continues for an indefinite term, provided that it may be terminated upon the mutual agreement of us or our Parent, or by our Parent in the event we default under the Trademark License Agreement and do not cure such default. Our Parent has the right to approve all proposed uses of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 47–49)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, franchisees have the right to operate a restaurant under the name "Crisp & Green" and use other current or future trademarks associated with the Crisp & Green system. The term "Marks" encompasses trade names, trademarks, service marks, trade dress, and logos used to identify Crisp & Green restaurants. These Marks are owned by Crisp & Green LLC, the Parent company, and are licensed to the franchisor under a Trademark License Agreement dated February 28, 2018.
This means that as a Crisp & Green franchisee, you are granted the right to use the brand's established identity, including its name, logos, and overall presentation, to operate your franchised restaurant. However, this right is subject to the terms of the Franchise Agreement and the Trademark License Agreement between Crisp & Green and its Parent company. The Trademark License Agreement continues for an indefinite term but can be terminated under certain conditions, such as mutual agreement or default by the franchisor.
While the FDD states that the franchisor does not anticipate any effect on the franchisee's rights to use the Marks if the Trademark License Agreement is terminated, it is important for prospective franchisees to understand the potential implications of such a termination. Additionally, Crisp & Green's Parent company has the right to approve all proposed uses of the Marks, ensuring brand consistency and quality control across all franchise locations. Franchisees must also notify Crisp & Green immediately of any actual or apparent infringement of or challenge to the use of any Mark.