Who owns the Crisp & Green trademarks?
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. Because we are a wholly-owned subsidiary of our Parent and our Parent maintains ownership of the Marks, we do not
anticipate an effect on your rights to use the Marks if the Trademark License Agreement is terminated. No other agreement limits our right to use or sublicense the Marks. Our Parent has filed, and intends to continue to file, all affidavits and other documents required to maintain its interest in and to the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 47–49)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, the trademarks associated with the Crisp & Green restaurant system are owned by Crisp & Green LLC, which is the parent company. Crisp & Green, the franchisor, licenses the trademarks from its parent company through a Trademark License Agreement dated February 28, 2018. This agreement continues indefinitely but can be terminated by mutual agreement or by the parent company if Crisp & Green defaults and fails to correct the default.
Because Crisp & Green is a wholly-owned subsidiary of Crisp & Green LLC, the FDD states that the termination of the Trademark License Agreement is not anticipated to affect a franchisee's right to use the marks. Crisp & Green LLC retains the right to approve all proposed uses of the trademarks and intends to continue filing necessary documents to maintain its interest in the marks.
The FDD also lists some of the registered trademarks, such as CRISP & GREEN (registered on April 11, 2017), CRISP@GREEN (registered on March 13, 2018), and LOCALLY OWNED (registered on February 22, 2022). However, it also notes that not all of Crisp & Green's marks are federally registered, which could present risks if their use is challenged. In such cases, franchisees may be required to stop using unregistered marks and switch to alternatives, potentially increasing their expenses.