Is Hardees required to advise the franchisee of additions or deletions to the Proprietary Marks?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Hardees is required to advise the franchisee regarding any changes to their Proprietary Marks. The agreement states that Hardees owns all rights to their Proprietary Marks, and the franchisee only has the right to use them as granted by the agreement. Hardees will inform franchisees of any additions or deletions to the Proprietary Marks, which will modify the franchisee's right to use them.
This means that Hardees retains control over its brand identity and can make changes to its trademarks, logos, and other identifying marks. As a franchisee, you must stay informed of these changes and implement them in your restaurant. This could involve updating signage, menus, marketing materials, and other items that display the Proprietary Marks.
The franchise agreement emphasizes that the franchisee's right to use the Proprietary Marks is limited to the operation of the franchised restaurant and as provided in the agreement and the OPM (Operation Procedures Manual). The franchisee must adhere to all standards, operating procedures, policies, and guidelines prescribed by Hardees, including those in the OPM, and comply with all applicable laws and regulations pertaining to advertising and marketing. This ensures that the brand is consistently presented and protected across all franchise locations.