What rights to the Marks does a Monicals Pizza franchisee receive?
Monicals_Pizza Franchise · 2025 FDDAnswer 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. You may only use the Marks in accordance with our standards, operating procedures and specifications. You must obtain a fictitious or assumed name registration if required by your state or local law. Any unauthorized use of the Marks by you is a breach of the Franchise Agreement and an infringement of our rights in the Marks. You may not contest the validity or ownership of the Marks, including any Marks that we license to you after you sign the Franchise Agreement. You may not assist any other person in contesting the validity or ownership of the Marks.
While we are not required to defend you against a claim arising from your use of, any Mark, or any claim by any person of any rights in any Marks, we are obligated to reimburse you certain costs as outlined below. You may not communicate with any person other than us and our counsel regarding any infringements, challenges or claims unless you are legally required to do so, however, you may communicate with your own counsel at your own expense.
Source: Item 13 — TRADEMARKS (FDD pages 28–30)
What This Means (2025 FDD)
According to Monicals Pizza's 2025 Franchise Disclosure Document, franchisees receive a nonexclusive right to use the brand's trademarks in the operation of their franchised restaurant. The primary trademark is Monical's Pizza®, but franchisees may also use other trademarks or logos that Monicals Pizza designates in writing. These marks can be found on the front of the disclosure document and include names like FAMILY PLEASER, BUDGET PLEASER, and PEOPLE PLEASING PEOPLE.
However, this right to use the trademarks comes with several restrictions. Franchisees must use the marks as the sole trade identification for their restaurant and cannot incorporate any mark or part of a mark into their corporate or business entity name. They are also prohibited from using the marks in connection with unauthorized products or services or in any way not explicitly authorized by Monicals Pizza in writing. Franchisees are responsible for obtaining a fictitious or assumed name registration if required by local laws.
Furthermore, franchisees cannot register or attempt to register any of Monicals Pizza's marks, or any confusingly similar marks, as trademarks or service marks. They also need prior written consent from Monicals Pizza to use "Monical's Pizza" or any variation of those words in a domain name for an internet site or website. Unauthorized use of the marks constitutes a breach of the Franchise Agreement and an infringement of Monicals Pizza's rights. Franchisees are also prohibited from contesting the validity or ownership of the marks.
Monicals Pizza maintains a registration of several marks with the U.S. Patent and Trademark Office, including "MONICAL'S PIZZA," "MONICAL'S," "FAMILY PLEASER," "BUDGET PLEASER," "PEOPLE PLEASING PEOPLE," and "THE POINT." They also have a registration for "BUDGET PLEASER" with The State of Illinois Department of Business Services, Trademark/Service Mark Section. These registrations underscore the importance of adhering to the guidelines for trademark usage to avoid potential legal issues.