What are the 'Proprietary Marks' that Del Taco uses to identify the System?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Del Taco identifies the System by means of certain licensed trade names, service marks, trademarks, logos, emblems, and indicia of origin, including the mark "Del Taco" and such other trade names, service marks and trademarks as are now designated (and may hereinafter be designated by Del Taco in writing) for use in connection with the System (the "Proprietary Marks").
Del Taco continues to use such Proprietary Marks in order to identify for the public the source of products and services marketed thereunder and under the System, and to represent the System's high standards of quality, appearance, and service;
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, the 'Proprietary Marks' are the licensed trade names, service marks, trademarks, logos, emblems, and indicia of origin used to identify the Del Taco System. The most prominent example provided in the document is the mark "Del Taco" itself. These marks are used to signify the source of the products and services offered and to represent the high standards of quality, appearance, and service associated with the Del Taco brand.
Del Taco retains ownership of all rights, titles, and interests in these Proprietary Marks and takes necessary steps to protect them. Franchisees are permitted to use only the marks designated by Del Taco and in the manner authorized. Franchisees must use the current logo on all items bearing the Proprietary Marks and can only use the marks for the operation of the franchised business at the authorized location or in approved advertising. Unless otherwise directed, franchisees must operate and advertise the restaurant only under the name "Del Taco," without any additional prefixes or suffixes.
Franchisees acknowledge that their use of the Proprietary Marks does not grant them any ownership interest, except for the license provided in the franchise agreement. Del Taco reserves the right to substitute different proprietary marks if the current ones can no longer be used or if Del Taco determines a substitution would benefit the system. In such cases, the franchisee is responsible for implementing the substituted marks at their own expense. Upon termination of the Franchise Agreement, the franchisee must immediately cease all use of the Proprietary Marks, including the name "Del Taco", and take action to cancel any assumed name registrations containing the Proprietary Marks.
Prospective franchisees should understand that the right to use Del Taco's Proprietary Marks is a key component of the franchise agreement, but it comes with strict guidelines and limitations. Failure to adhere to these guidelines can result in a breach of contract and potential legal consequences. Additionally, franchisees do not have the right to subfranchise or sublicense the use of the Proprietary Marks to others. The agreement emphasizes that all goodwill associated with the Del Taco System inures exclusively to Del Taco's benefit.