Can a Hardees franchisee register a trademark similar to a Hardees Proprietary Mark?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
8 (Renewed) | In addition to other registered trademarks, CJR and HR jointly own the following principal trademarks registered with the USPTO on the Principal Register, and all required affidavits of continued use have been filed and accepted:
| Trademark | Registration No. | Registration Date |
|---|---|---|
| 5,660,007 | January 22, 2019 (Renewed) |
You must follow our rules when you use the Proprietary Marks. You cannot use the Proprietary Marks as part of a corporate, limited liability company, partnership or other business entity name or with modifying words, designs or symbols. You may not use the Proprietary Marks in connection with the sale of any unauthorized products or services or in any manner not authorized in writing by us. You may not seek registration of a Proprietary Mark or any mark that contains, includes or is similar to a Proprietary Mark.
There are no presently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court relating to the Principal Trademarks. There are no pending infringement, opposition or cancellation proceedings or material litigation involving the Principal Trademarks. There are no agreements currently in effect that significantly limit our right to use or license the use of the Principal Trademarks in any manner material to you. We do not know of either superior prior rights or infringing uses that could materially affect your use of the Principal Trademarks in any state.
You must promptly inform us in writing regarding any infringement of the Proprietary Marks of which you are aware.
Source: Item 13 — Trademarks (FDD pages 59–61)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from registering trademarks that are similar to Hardees's Proprietary Marks. The FDD states that franchisees "may not seek registration of a Proprietary Mark or any mark that contains, includes or is similar to a Proprietary Mark." This restriction is in place to protect the Hardees brand and ensure consistent brand representation across all franchise locations.
This restriction has significant implications for prospective franchisees. It means that franchisees cannot create or register any trademarks that could be confused with the existing Hardees trademarks. This includes names, logos, or other identifying marks. Franchisees must rely solely on the trademarks provided by Hardees for their restaurant's branding and marketing efforts. This limitation is typical in franchising, as franchisors need to maintain control over their brand identity.
Furthermore, the FDD emphasizes that franchisees must adhere to Hardees's rules when using the Proprietary Marks. Franchisees cannot use the marks as part of their business entity name or with any modifying words, designs, or symbols. They also cannot use the marks in connection with unauthorized products or services. Any unauthorized use of the Proprietary Marks could result in a breach of the franchise agreement and potential legal action from Hardees. Franchisees are also obligated to inform Hardees of any potential infringements of the Proprietary Marks that they become aware of.
In the event of any infringement, Hardees has the right, but not the obligation, to take action to prevent it. Franchisees cannot take any independent action regarding infringements without Hardees's written approval. The Franchise Agreement does not require Hardees to defend or indemnify franchisees against claims of infringement arising from their use of the Proprietary Marks, but franchisees must cooperate fully in defending or settling any related litigation. These terms are designed to protect the overall integrity and value of the Hardees brand.