What rights does a Hardees franchisee have to use the 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. | Registration Date | |---|---|---| | | 6701966 | April 12, 2022 | | | 6001520 | March 3, 2020 | | WESTERN BACON | 1456922 | September 8, 1987 (Renewed) | | CHEESEBURGER | 1481762 | March 22, 1988 (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. You may not make any demand or serve any notice, orally or in writing, or institute any legal action or negotiate, compromise or settle any controversy with respect to any infringement without first obtaining our written approval. We will have the right, but not the obligation, to bring an action or take those steps we consider advisable to prevent any such infringement and to join you as a party to any action in which we are or may be a party and as to which you are or would be a necessary or proper party.
Source: Item 13 — Trademarks (FDD pages 59–61)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, franchisees are granted the right to operate a restaurant under the "Hardee's" name and use other trademarks designated by Hardees for the operation of their franchised restaurant. These trademarks, referred to as "Proprietary Marks," include trade names, trademarks, trade dress, service marks, logos, insignias, slogans, emblems, symbols, designs, and any other identifiers that distinguish the Hardee's brand. Hardees owns all rights to these Proprietary Marks, and the franchisee's usage rights are limited to those specified in the Franchise Agreement.
The FDD specifies several restrictions on how a Hardees franchisee can use the Proprietary Marks. Franchisees cannot use the marks as part of their business entity name or with unauthorized modifications. They are also prohibited from using the marks in connection with the sale of unauthorized products or services, or in any manner not explicitly authorized by Hardees in writing. Furthermore, franchisees cannot seek registration of any mark that is similar to Hardees' Proprietary Marks. Franchisees must also inform Hardees of any potential infringement of the Proprietary Marks and cannot take any legal action without Hardees' written approval. Hardees has the right, but not the obligation, to take action against infringements.
Hardees also maintains control over the franchisee's online presence. A franchisee may not use Hardees' Proprietary Marks in any internet domain name or email address, or on any social media platform without prior written consent from Hardees. This consent can be withheld or conditioned as Hardees deems appropriate, including requiring written approval of domain names, website content, hyperlinks, and use of third-party materials. Hardees may also designate the form and content of the franchisee's website, require the website to be hosted by Hardees or a designated third party, and charge fees for developing, reviewing, approving, or hosting the website. Franchisees must comply with Hardees' Social Media policy, as modified periodically, and Hardees owns the copyright to the franchisee's sites or pages on any Social Media platforms.
If Hardees decides to modify the principal name or logo under which Hardee's Restaurants operate, franchisees will be required to adopt the new name and incur the necessary costs to do so. 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 immediately notify Hardees of any litigation involving the Proprietary Marks and fully cooperate in defending or settling the litigation. Franchisees are prohibited from contesting the validity or ownership of Hardees' Proprietary Marks.