What is the meaning of 'Mark' in the context of the Golden Krust Caribbean Restaurant franchise agreement?
Golden_Krust_Caribbean_Restaurant Franchise · 2024 FDDAnswer from 2024 FDD Document
Golden Krust Franchising, Inc. uses and displays to the public the names and mark "Golden Krust Caribbean Bakery & Grill" along with such other trademarks, signs, symbols and slogans as have been adopted for the use with the Golden Krust System and may be developed and adopted for use with the System in the future (hereinafter collectively called "Golden Krust Marks" or "Marks").
Source: Item 22 — CONTRACTS (FDD page 35)
What This Means (2024 FDD)
According to the 2024 Golden Krust Caribbean Restaurant Franchise Disclosure Document, the term "Marks" collectively refers to the names and mark "Golden Krust Caribbean Bakery & Grill" along with such other trademarks, signs, symbols and slogans as have been adopted for the use with the Golden Krust System and may be developed and adopted for use with the System in the future.
Golden Krust Caribbean Restaurant franchisees are granted the right to use these Marks, but this right is solely derived from the Franchise Agreement and is limited to the operation of the Restaurant in compliance with the agreement and all System Standards. Unauthorized use of the Marks by a franchisee constitutes a breach of the agreement and an infringement of Golden Krust Franchising, Inc.'s rights. All goodwill established through the use of the Marks accrues exclusively to the benefit of Golden Krust Franchising, Inc., and the Franchise Agreement does not grant the franchisee any independent interest in the Marks beyond the right to operate the Restaurant as specified in the agreement.
Upon termination or expiration of the Franchise Agreement, the franchisee's right to use the Marks ceases, with specific stipulations outlined in the agreement. The franchisee must not identify themselves as a current or former Golden Krust Caribbean Restaurant franchisee or use any Mark or imitation thereof. They must also take action to cancel any registrations related to their use of any Mark. Furthermore, the franchisee is obligated to return all materials containing any Mark and make alterations to distinguish the Restaurant from its former appearance and other Golden Krust Caribbean Restaurant locations to prevent public confusion. The franchisee must also notify relevant parties, such as the telephone company and online directories, of the termination of their right to use any telephone numbers or listings associated with any Mark.