What are unregistered marks for Hardees protected by?

According to Hardees's 2025 Franchise Disclosure Document, unregistered marks, which may include short term product marks, trade dress, or other marks, are protected by common law based upon Hardees's use of the marks. These unregistered marks are not registered with the United States Patent and Trademark Office (USPTO). However, Hardees protects these marks through the establishment and continuous use of them in commerce, which creates certain legal rights under common law.

This means that while Hardees does not have a formal registration for these marks, the company can still prevent others from using similar marks in a way that would confuse consumers or harm Hardees's brand. This protection is based on the principle that the first party to use a mark in commerce has the right to prevent others from using it. For a prospective franchisee, this indicates that Hardees actively monitors and protects its brand identity, even for marks that are not formally registered.

It is important for a franchisee to understand the difference between registered and unregistered marks, as the scope of protection may vary. Registered marks have broader protection under federal law, while unregistered marks rely on common law principles and may require more effort to enforce. Franchisees should adhere to Hardees's guidelines for using all proprietary marks, whether registered or unregistered, to maintain brand consistency and avoid potential legal issues.