Can a Hardees franchisee use the 'Hardees' trademark as part of their company name?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 13 — Trademarks (FDD pages 59–61)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, franchisees are not allowed to use the 'Hardee's' Proprietary Marks as part of their business entity name. This restriction extends to corporate, limited liability company, partnership, or any other business entity names. Additionally, franchisees cannot use the trademarks with modifying words, designs, or symbols.
This restriction is typical in franchising, as franchisors like Hardees need to protect their brand identity and ensure consistent representation across all franchise locations. Allowing franchisees to incorporate the trademark into their business name could create confusion or dilute the brand's value.
Furthermore, Hardees franchisees are prohibited from seeking registration of any mark that contains, includes, or is similar to the 'Hardee's' Proprietary Mark. This prevents franchisees from attempting to create their own variations of the trademark. Franchisees must adhere to Hardees's rules when using the Proprietary Marks and are not allowed to use them in connection with unauthorized products or services or in any manner not explicitly authorized by Hardees in writing. This ensures that the brand is used consistently and appropriately, maintaining its integrity and reputation.