Does Del Taco grant franchisees the right to use future marks for their restaurants?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
ng mediation.
ITEM 13 TRADEMARKS
We grant you the right to operate a Restaurant under the name "Del Taco" and to use those other current or future marks that we designate for the operation of your Restaurant. By "Marks," we mean trade names, trademarks, service marks, and logos used to identify your Restaurant.
In addition to other registered Marks, we have registered the following principal Marks with the United States Patent and Trademark Office on the Principal Register, and we have filed all required affidavits and renewals for continued use regarding the following Marks:
| Mark | Registration Number | Registration Date |
|---|---|---|
| Del Taco | 3578966 | February 24, 2009 |
| Del Taco (with 3-D Sunrise) | 2492285 | September 25, 2001 |
| Del Taco (with sunrise logo) | 1830903 | April 12 |
Source: Item 13 — TRADEMARKS (FDD pages 40–41)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, Del Taco grants franchisees the right to use not only current marks but also future marks that Del Taco designates for the operation of the franchisee's restaurant. These marks include trade names, trademarks, service marks, and logos used to identify the restaurant. This means that as Del Taco evolves its branding and marketing, franchisees will be authorized to use these updated marks in their businesses.
However, Del Taco retains the right to modify or discontinue the use of any name or mark, and franchisees are obligated to implement these changes without reimbursement for associated costs. This condition places the responsibility on the franchisee to adapt to Del Taco's branding changes at their own expense.
While franchisees are required to protect Del Taco's principal marks and inform Del Taco of any infringements, Del Taco is not obligated to indemnify franchisees for damages suffered from the use of any name or mark. This means that if a franchisee faces legal challenges related to trademark usage, Del Taco is not required to cover the franchisee's costs or damages.