Is a Hardees franchisee's right to use the Proprietary Marks limited to the operation of the Franchised Restaurant at the Franchised Location?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
ranchisee's business is independently subject to any Privacy Laws, Franchisee must comply with all standards, laws, rules, regulations or any equivalent thereof relating to personal information, data privacy, and data protection that may apply to personal information not encompassed by the definition of "Consumer Information," above (for example, as relates to Franchisee's employees or job applicants). The requirements of this Section 13(P) are not intended to constitute legal advice or to imply that compliance with this Agreement fulfills all of Franchisee's potential obligations under the Privacy Laws. Franchisee should consider applicable federal, state and local laws, and consult its own legal counsel or advisors, as it deems necessary.
14. PROPRIETARY MARKS
The term "Proprietary Marks" as used in this Agreement refers to all trade names, trademarks, service marks, trade dress, logos, insignias, slogans, emblems, symbols, designs, and any combination thereof or any other indicia of source designated by HR as identifying the System and the products sold and services provided in connection with the System. You acknowledge that HR owns all rights, title, and interest in and to the Proprietary Marks and you have only such rights to use the Proprietary Marks as this Agreement grants. HR shall, from time to time, advise Franchisee as to any additions or deletions to the Proprietary Marks and Franchisee's right to use the Proprietary Marks shall be deemed modified by those additions or deletions.
Franchisee's right to use the Proprietary Marks is limited to its use of the Proprietary Marks in the operation of the Franchised Restaurant at the Franchised Location and as expressly provided in this Agreement and the OPM.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, a franchisee's right to use the Proprietary Marks is indeed limited. The agreement specifies that the franchisee's use of the Proprietary Marks is restricted to the operation of their Franchised Restaurant at the Franchised Location. This means the franchisee can only use the trademarks, service marks, logos, and other identifying symbols of the Hardees system within the confines of their specific restaurant location, as outlined in the franchise agreement and the Operations Procedures Manual (OPM).
This limited license extends only to the use of Proprietary Marks in accordance with all applicable standards, operating procedures, policies, and guidelines prescribed by Hardees, including those in the most current edition of the OPM. Furthermore, the franchisee must adhere to all applicable laws and regulations pertaining to advertising and marketing. This includes laws related to telemarketing, false advertising, unfair competition, and unfair practices.
The Hardees franchise agreement also clarifies that Hardees owns all rights, title, and interest in the Proprietary Marks. The franchisee only has the rights to use the Proprietary Marks as granted by the agreement. Hardees can advise the franchisee about any additions or deletions to the Proprietary Marks, which would modify the franchisee's right to use them. This ensures that Hardees maintains control over its brand and image, and that franchisees use the Proprietary Marks in a manner consistent with the company's standards and legal requirements.