factual

Besides the principal trademark, what other marks can a Monicals Pizza franchisee use?

Monicals_Pizza Franchise · 2025 FDD

Answer from 2025 FDD Document

You receive the right to operate your restaurant under the trademark Monical's Pizza® , which is the principal trademark used to identify our System. You may also use any other current or future Mark to operate your franchised restaurant that we designate in writing, including the logo on the front of this Disclosure Document and the trademarks listed below. By "Mark," we mean any trade name, trademark, service mark or logo used to identify your restaurant. You may not use any Marks that we have not designated to identify your business. As of the date of this Disclosure Document, we have a registration of the following Marks on the U.S. Patent and Trademark Office ("USPTO") Principal Register:

Mark Serial or Filing or Registration Date
Registration Number
Reg. No. 3911116 January 25, 2011
Reg. No. 6124216 August 11, 2020
Reg. No. 6124200 August 11, 2020
MONICAL’S PIZZA Reg. No. 2176932 July 28, 1998
Mark Serial or Registration Number Filing or Registration Date
------------------------ ------------------------------------- --------------------------------
MONICAL'S PIZZA Reg. No. 6124699 August 11, 2020
MONICAL'S Reg. No. 1030310 January 13, 1976
FAMILY PLEASER Reg. No. 1034950 March 2, 1976
BUDGET PLEASER Reg. No. 1624268 November 20, 1990
PEOPLE PLEASING PEOPLE Reg. No. 2024985 December 24, 1996
THE POINT Reg. No. 3140463 September 5, 2006
Monical's Reg. No. 1034949 March 2, 1976

As of the date of this Disclosure Document, we have a registration of the following Mark with The State of Illinois Department of Business Services, Trademark/Service Mark Section:

Mark Registration Number Registration Date
BUDGET PLEASER Reg. No. 065671 November 20, 1989

We have filed the necessary affidavits and renewal applications for the trademarks as required by the USPTO. We know of no currently effective material determinations of the USPTO, Trademark Trial and Appeal Board, the trademark administrator of any state or any court, state or federal involving the Marks. We know of no pending infringement, opposition or cancellation proceeding; we know of no pending material litigation in federal court or in any state court regarding our use or ownership of the Marks.

There are no agreements currently in effect that significantly limit our rights to use or license the use of the Marks in any manner material to the franchise.

There are no infringing or prior superior uses actually known to us that could materially affect the use of the Marks in the state of Illinois or any other state in which the franchised restaurant is to be located.

You do not receive any rights to the Marks other than the nonexclusive right to use them in the operation of your franchised restaurant. You must follow our rules when you use the Marks. You cannot use our name or Mark as part of a corporate name. You may not use a name or Mark with modifying words, designs or symbols except for those which we license to you. You may not use any Mark in connection with the sale of any unauthorized services or products, or in any other manner that we do not authorize in writing.

Source: Item 13 — TRADEMARKS (FDD pages 28–30)

What This Means (2025 FDD)

According to the 2025 Monicals Pizza Franchise Disclosure Document, in addition to the primary trademark "Monical's Pizza®," franchisees are permitted to use other trademarks, service marks, trade names, or logos that Monicals Pizza designates in writing. These marks include the logo featured on the front of the FDD and the trademarks listed in Item 13. However, franchisees are explicitly prohibited from using any marks that Monicals Pizza has not specifically authorized for identifying their business.

The FDD lists several registered marks with the U.S. Patent and Trademark Office that franchisees may be authorized to use. These include "MONICAL'S PIZZA," "MONICAL'S," "FAMILY PLEASER," "BUDGET PLEASER," "PEOPLE PLEASING PEOPLE," and "THE POINT," along with a specific "Monical's" mark. Each of these marks has a corresponding registration number and filing or registration date, providing a clear record of their legal status. Franchisees must use these marks as the sole trade identification of their Monicals Pizza restaurant and cannot use them as part of their corporate or business entity name.

Monicals Pizza maintains control over its brand identity, as franchisees cannot register similar marks or domain names containing "Monical's Pizza" without prior written consent. This ensures uniformity and protects the brand's integrity. While Monicals Pizza is not obligated to defend franchisees against claims arising from their use of the marks, they may reimburse certain costs under specific conditions, such as timely notification of proceedings and compliance with the company's directions. Franchisees may be required to modify or discontinue the use of any mark, but Monicals Pizza will not require franchisees to spend more than $50,000 in the aggregate during the initial term of the Franchise Agreement or during any one renewal term.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.