What does Del Taco mean by 'Marks' in the context of the franchise agreement?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
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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, 1994 | | Del Taco (with sunrise logo) | 1793268 | September 14, 1993 | The Franchis
Source: Item 13 — TRADEMARKS (FDD pages 40–41)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, the term "Marks" refers to the trade names, trademarks, service marks, and logos that are used to identify a Del Taco restaurant. Del Taco grants franchisees the right to operate a restaurant under the "Del Taco" name and to use other marks that Del Taco designates for the operation of the restaurant.
Del Taco has registered several principal Marks with the United States Patent and Trademark Office, including "Del Taco" (Registration Number 3578966, registered February 24, 2009), "Del Taco (with 3-D Sunrise)" (Registration Number 2492285, registered September 25, 2001), and two versions of "Del Taco (with sunrise logo)" (Registration Numbers 1830903 and 1793268, registered April 12, 1994, and September 14, 1993, respectively). These registrations signify Del Taco's legal ownership and protection of these brand identifiers.
As a franchisee, it is crucial to understand that you are permitted to use these Marks to operate your Del Taco restaurant. However, you must adhere to Del Taco's guidelines and standards for their usage. Unauthorized use or modification of these Marks could lead to legal repercussions and potential termination of the franchise agreement. Franchisees should also be aware of their responsibility to promptly inform Del Taco of any infringement of the Marks by another party or any litigation instituted against Del Taco relating to the Marks. Del Taco has the right, but not the obligation, to take action to prevent any infringement and to join the franchisee as a party, if necessary. The franchisee must assist Del Taco in protecting its interest in the Marks.
Del Taco retains the right to modify or discontinue the use of any name or Mark and/or use one or more additional or substitute names or Marks. Franchisees must comply with these changes without reimbursement for any associated costs. Del Taco does not have to indemnify franchisees against, or reimburse them for, any damages suffered in any proceeding arising out of the use of any name or Mark or for any costs incurred in the defense of any of those claims.