Who has the right to approve all proposed uses of the Marks for Crisp & Green?
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
Source: Item 13 — TRADEMARKS (FDD pages 47–49)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, Crisp & Green LLC, as the parent company of the franchisor, retains the right to approve all proposed uses of the Crisp & Green Marks. The Marks include trade names, trademarks, service marks, trade dress, and logos used to identify Crisp & Green Restaurants. These Marks are owned by Crisp & Green LLC and licensed to the franchisor through a Trademark License Agreement dated February 28, 2018.
This means that while franchisees have the right to operate a Restaurant under the "Crisp & Green" name and use associated trademarks, any proposed use of these Marks is subject to approval by Crisp & Green LLC. This control ensures brand consistency and quality across all franchise locations. The Trademark License Agreement continues indefinitely but can be terminated by mutual agreement or by Crisp & Green LLC if the franchisor defaults and fails to correct the default.
Because the franchisor is a wholly-owned subsidiary of Crisp & Green LLC, and the parent company maintains ownership of the Marks, the FDD states that the franchisor does not anticipate an effect on the franchisee's rights to use the Marks if the Trademark License Agreement is terminated. This arrangement is structured to protect the brand and its trademarks, ensuring that franchisees can continue operating under the Crisp & Green name even if the licensing agreement between the franchisor and its parent company changes. Franchisees must adhere to Crisp & Green's standards when using the Marks, and the franchisor can direct franchisees to modify or discontinue using any Mark, without reimbursing the franchisee for associated expenses.