Does Moes Southwest Grill own all rights, titles, and interests in the Proprietary Marks?

According to the 2025 Moes Southwest Grill Franchise Disclosure Document, Moes Southwest Grill asserts ownership of all rights, titles, and interests in its Proprietary Marks. This means that Moes Southwest Grill controls the trademarks, service marks, and trade dress associated with the brand, and any goodwill generated through the use of these marks belongs exclusively to them. As a franchisee, your rights to use these marks are solely derived from the Franchise Agreement, and you must adhere to Moes Southwest Grill's standards and instructions. Upon expiration or termination of the Franchise Agreement, all rights to use the Proprietary Marks revert back to Moes Southwest Grill.

Moes Southwest Grill emphasizes the importance of proper use and marking of the Proprietary Marks, as outlined in their manuals, which are updated periodically. Franchisees are prohibited from using the Proprietary Marks in any unauthorized manner, such as part of a business name, with modifications, or in connection with unauthorized services or products. This ensures brand consistency and protects the integrity of the trademarks.

The FDD also addresses potential infringement claims, stating that Moes Southwest Grill will indemnify franchisees against third-party actions based on alleged infringement or unfair competition related to the Proprietary Marks, provided the franchisee's use complies with the Franchise Agreement. However, franchisees must promptly notify Moes Southwest Grill of any such claims and cooperate in the defense. Moes Southwest Grill retains the right to control the defense and settlement of any claim at its own expense. This arrangement offers franchisees some protection but also underscores the importance of adhering to the franchisor's guidelines for trademark usage.