Can Alloy modify and update 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 or change the Trademarks, including the ALLOY Trademark, at any time. This includes the ability to require franchisees to cease using the ALLOY Trademark and adopt a different one for their facility's operation and identification.
This right is not limited and can be exercised for various reasons, such as challenges to Alloy's ownership of the Trademarks, changes in market conditions, or actual or claimed infringement of the Trademarks. Alloy will provide written notice to franchisees regarding any changes or modifications to the Trademarks.
Upon receiving written notice from Alloy, franchisees have a reasonable period, up to three months, to implement the necessary changes to their use of the Trademarks. These changes may include updating signage (both interior and exterior), discontinuing the use of products or advertising materials featuring the former Trademarks, and modifying letterheads and business cards.
It is important to note that all expenses associated with these changes or modifications to the Trademarks are the sole responsibility of the franchisee. This could represent a significant, unplanned cost, so prospective franchisees should consider this when evaluating the Alloy franchise opportunity.