Does the Alloy franchise agreement allow for changes to the Trademarks?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not make any changes or substitutions to the Trademarks unless we direct in writing.
We reserve the right to change or modify the Trademarks, including the ALLOY Trademark, at any time.
For example, we may require you to cease all use of the ALLOY Trademark at any time and require you to use a different Trademark as we may designate in connection with the operation and identification of your Facility.
There are no limitations on our right to change or modify the Trademarks and we may change or modify the Trademarks for any reason including, but not limited to, any challenge to our ownership of the Trademarks, a change in market conditions, or any claimed or actual infringement of our Trademarks.
We will provide you with written notice of any changes or modifications to the Trademarks.
Upon receipt of our written notice you will have a reasonable amount of time, not to exceed three (3) months, to change or modify your use of the Trademarks consistent with the terms contained in the written notice.
By way of example only, if we require you to change or modify the Trademarks, you may be required to do any of the following: (i) change all signage (interior and exterior) used in connection with the operation or identification of your Facility, (ii) cease all use of any products, serving and/or convenience items containing the Trademarks, (iii) cease all use of any advertising or marketing materials containing the former Trademarks, and (iv) change your letterhead, business cards and any other items containing the former Trademarks.
All changes or modifications to the Trademarks will be at your sole expense.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, Alloy retains the right to modify its trademarks, including the ALLOY Trademark, at any time and for any reason. These reasons can include challenges to trademark ownership, changes in market conditions, or actual or claimed infringement of the trademarks. Alloy will provide written notice to the franchisee regarding any changes or modifications to the trademarks.
Upon receiving written notice from Alloy, the franchisee has a reasonable amount of time, not exceeding three months, to implement the required changes to their use of the trademarks. These changes could include updating signage, ceasing the use of products or advertising materials containing the former trademarks, and changing letterheads or business cards.
All expenses associated with these changes or modifications to the trademarks are the sole responsibility of the Alloy franchisee. The franchisee is not allowed to make any changes or substitutions to the trademarks unless directed to do so in writing by Alloy. This ensures that Alloy maintains control over its brand and can adapt to market conditions or legal challenges, while the franchisee bears the financial burden of implementing these changes.