What does Hardees consider to be Proprietary Marks?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
businesses that our affiliates and their franchisees operate may solicit and accept orders from
customers near your business. Because they are separate companies, we do not expect any conflicts between our franchisees and our affiliates' franchisees regarding territory, customers and support, and we have no obligation to resolve any perceived conflicts that might arise.
ITEM 13
TRADEMARKS
For Hardee's Restaurant franchisees, we grant you the right to operate a restaurant under the name "Hardee's" and to use our other current or future trademarks that we designate in the operation of your Franchised Restaurant. By trademarks, we mean trade names, trademarks, trade dress, service marks, logos, insignias, slogans, emblems, symbols, designs and any combination of these or any other indicia of source used to identify and distinguish the Hardee's brand (our "Proprietary Marks"). CJR and HR are parties to an agreement having a perpetual term, which, among other things, permits CJR and HR to use and license the use of the other's trademarks. We own all right, title and interest in and to the Proprietary Marks and you will only have such rights to use the Proprietary Marks as granted to you in the Franchise Agreement.
Our Proprietary Marks include both registered and unregistered marks. Registered marks are marks that have been registered with the United States Patent and Trademark Office ("USPTO") and enjoy the protections of federal registration. Unregistered marks may include short term product marks (LTOs and similar promotions), trade dress or other marks that, while not registered, are protected by common law based upon our use of the marks. In addition to other registered trademarks, we own the following principal trademarks ("Principal Trademarks") that have been registered with the USPTO on the Principal Register, and any applicable required affidavits of continued use have been filed and accepted:
| Trademark | Registration No. | Registration Date | |---|---|---| | HARDEE’S | 741,048 | November 20, 1962 (Renewed) | | | 1,729,627 | November 3, 1992 (Renewed) | | | 1,825,221 | March 8, 1994 (Renewed) | In addition to other registered trademarks, CJR owns the following principal trademarks that have been registered with the USPTO on the Principal Register, and all required affidavits of continued use have been filed and accepted:
| Trademark | Registration No.
Source: Item 13 — Trademarks (FDD pages 59–61)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Proprietary Marks encompass a wide range of identifiers used to distinguish the Hardees brand. These include trade names, trademarks, trade dress, service marks, logos, insignias, slogans, emblems, symbols, designs, and any combination of these elements. Hardees considers anything that indicates the source of the brand to be a Proprietary Mark.
Hardees owns all rights to these Proprietary Marks, and franchisees are only granted the right to use them as specified in the Franchise Agreement. These marks include both registered and unregistered trademarks. Registered marks have been officially registered with the United States Patent and Trademark Office (USPTO) and are protected by federal registration. Unregistered marks, while not formally registered, are protected by common law due to Hardees's use of them; these can include short-term product marks, trade dress, and other similar identifiers.
The FDD lists several principal trademarks registered with the USPTO, such as "HARDEE’S" (Registration No. 741,048, registered November 20, 1962 and renewed, along with Registration Nos. 1,729,627 and 1,825,221), "HAPPY STAR" (Registration No. 1,084,351, registered January 31, 1978 and renewed, along with Registration Nos. 1,151,330, 1,297,845, 1,383,339, 1,631,819 and 5,651,207), and "STAR PALS" (Registration No. 6760794, registered June 14, 2022 and Registration No. 5932708). Other trademarks include "FAMOUS STAR" (Registration No. 3612923), "SUPER STAR" (Registration No. 1099039), "WESTERN BACON" (Registration No. 1456922), and "CHEESEBURGER" (Registration No. 1481762). Franchisees must adhere to Hardees's rules when using these marks and cannot use them in unauthorized ways or seek to register similar marks.
This comprehensive definition and protection of Proprietary Marks are typical in franchising, as it ensures brand consistency and prevents unauthorized use that could harm the brand's reputation. Franchisees should pay close attention to the permitted uses outlined in the Franchise Agreement and any additional guidelines provided by Hardees to avoid potential legal issues.