Who owns the 'Hardees' 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. | Registration Date |
|---|---|---|
| HAPPY STAR | 1,084,351 | January 31, 1978 (Renewed) |
| 1,151,330 | April 14, 1981 (Renewed) | |
| 1,297,845 | September 25, 1984 (Renewed) | |
| 1,383,339 | February 18, 1986 (Renewed) | |
| 1,631,819 | January 15, 1991 (Renewed) | |
| 5,651,207 | January 8, 2019 (Renewed) | |
| STAR PALS | 6760794 | June 14, 2022 |
| 5932708 | December 10, 2019 | |
| FAMOUS STAR | 3612923 | April 28, 2009 (Renewed) |
| SUPER STAR | 1099039 | August 8, 1978 (Renewed) |
| Trademark | Registration No. |
Source: Item 13 — Trademarks (FDD pages 59–61)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Hardees owns all rights, title, and interest in its Proprietary Marks. These marks include trade names, trademarks, trade dress, service marks, logos, insignias, slogans, emblems, symbols, designs, and any other identifiers that distinguish the Hardees brand.
CJR and HR have an agreement that allows each to use and license the other's trademarks perpetually. However, as a franchisee, you are only granted the rights to use the Proprietary Marks as outlined in the Franchise Agreement. You cannot use the Proprietary Marks as part of your business entity name or with unauthorized modifications.
Hardees's registered trademarks are protected by federal registration with the United States Patent and Trademark Office (USPTO). Unregistered marks, such as short-term product marks, are protected by common law based on Hardees's usage. The FDD lists several registered trademarks, including 'HARDEE’S' registered on November 20, 1962 (Renewed), November 3, 1992 (Renewed), and March 8, 1994 (Renewed); 'HAPPY STAR' registered on January 31, 1978 (Renewed), April 14, 1981 (Renewed), September 25, 1984 (Renewed), February 18, 1986 (Renewed), January 15, 1991 (Renewed), and January 8, 2019 (Renewed); 'STAR PALS' registered on June 14, 2022 and December 10, 2019; 'FAMOUS STAR' registered on April 28, 2009 (Renewed); 'SUPER STAR' registered on August 8, 1978 (Renewed), April 12, 2022, and March 3, 2020; 'WESTERN BACON CHEESEBURGER' registered on September 8, 1987 (Renewed); and 'CHEESEBURGER' registered on March 22, 1988 (Renewed).