Who owns the Marks used by Golden Krust Caribbean Restaurant?
Golden_Krust_Caribbean_Restaurant Franchise · 2024 FDDAnswer from 2024 FDD Document
or leasing similar products or services under a different trademark.
ITEM 13. TRADEMARKS
We grant you the non-exclusive license to use the Marks during the term of the Franchise Agreement. We may also authorize you to use other current or future Marks to operate your Restaurant. By Marks, we mean trade names, trademarks, service marks and logos we use to identify Golden Krust restaurants and the products sold in them. Our affiliate, Golden Krust Patties, Inc., is the owner of the Marks. Golden Krust Patties, Inc. has registered the following marks with the United States Patent and Trademark Office ("USPTO") on the Principal Register:
| Mark | Registration Date | Registration No. |
|---|---|---|
| GOLDEN KRUST | July 12, 2005 | 2966992 |
| Mark | Registration Date | Registration No. | |---|---|---| | August 31, 2021 | 6471570 | | | March 23, 2021 | 6302409 | | As of the date of this Disclosure Document, all affidavits of use required to be filed under Section 8 of the Lanham Act and all renewal registrations to maintain these Marks have been timely filed.
Golden Krust Patties, Inc. has applied to register the following Mark with the USPTO on the Principal Register:
| TRADEMARK | SERIAL NUMBER | FILING DATE | |---|---|---| | GOLDEN KRUST JERK ‘N | 97602927 | 9/22/2022 | | PATTIES | | | This pending Mark does not have any legal benefit and rights as a federally registered trademark. If your right to use this Mark is challenged, you may have to change to an alternative Mark which may increase expenses.
As of the date of this Disclosure Document, we know of no superior rights or infringing uses that could materially affect your use of the principal Marks.
Golden Krust Patties, Inc. has granted us and our affiliate, Golden Krust Caribbean Bakery, Inc., the exclusive right to use and permit our franchisees to use the Marks under a License Agreement dated January 1, 2004. The license is worldwide and exclusive to Golden Krust and related entities and is for a perpetual term. Golden Krust Patties, Inc. has the right to terminate the License Agreement if we commit a breach of the License Agreement. In that event, Golden Krust Patties, Inc. will have the right to assume our obligations under your Franchise Agreement. There are no other agreements that limit our right to license the Marks to you under the Franchise Agreement.
Source: Item 13 — TRADEMARKS (FDD pages 23–25)
What This Means (2024 FDD)
According to the 2024 Franchise Disclosure Document, Golden Krust Patties, Inc., an affiliate of Golden Krust Caribbean Restaurant, owns the marks, which include trade names, trademarks, service marks, and logos used to identify Golden Krust Caribbean Restaurant and its products. Golden Krust Patties, Inc. has registered several marks with the United States Patent and Trademark Office (USPTO). Golden Krust Caribbean Restaurant grants franchisees a non-exclusive license to use these marks during the term of the Franchise Agreement. Golden Krust Caribbean Restaurant may also authorize franchisees to use other current or future marks to operate their restaurants.
Golden Krust Patties, Inc. has granted Golden Krust Caribbean Restaurant and its affiliate, Golden Krust Caribbean Bakery, Inc., the exclusive right to use and permit franchisees to use the marks under a License Agreement dated January 1, 2004. This license is worldwide, exclusive to Golden Krust Caribbean Restaurant and related entities, and is for a perpetual term. However, Golden Krust Patties, Inc. retains the right to terminate the License Agreement if Golden Krust Caribbean Restaurant breaches the agreement. In such an event, Golden Krust Patties, Inc. has the right to assume Golden Krust Caribbean Restaurant's obligations under the Franchise Agreement.
Golden Krust Caribbean Restaurant will take administrative or legal action it deems necessary to protect the marks and the franchisee's rights to use them. Franchisees must immediately notify Golden Krust Caribbean Restaurant of any potential infringement of the marks. Golden Krust Caribbean Restaurant has the sole right to determine what action, if any, is to be taken to protect these rights, and any legal action will be at its sole expense. While Golden Krust Caribbean Restaurant is not required to participate in a franchisee's defense or indemnify them in proceedings involving a mark, it will take whatever action it deems necessary to protect the marks.