What act governs the Beverly Anns Cookie Franchise Agreement regarding trademarks?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
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This Franchise Agreement includes several attachments, each of which are legally binding and are a part of the complete Franchise Agreement. It is your responsibility to read through the entire Franchise Agreement. This Franchise Agreement creates legal obligations you must follow. We recommend that you consult with a legal professional to ensure that you understand these obligations. If you have questions, or if you do not understand a certain provision or section, please review it with your legal and financial advisors before you sign this Franchise Agreement.
This Franchise Agreement has defined terms. A defined term is a shorthand reference within a document that refers to another name or idea in the document. Defined terms are underlined and surrounded by double quotes, typically with capitalized first letters, and may be contained in parentheses throughout the Franchise Agreement.
2. GRANT OF FRANCHISE
As a Beverly Ann's Cookie Truck franchisee, you will operate a mobile business providing cookies, ice cream, and related products to the general public ("Franchised Business"). The Franchised Business will operate under our service marks, trademarks, trade names, trade dress, logos, slogans and commercial symbols as we may from time to time authorize or direct you to use with the operation of the Franchised Business (the "Marks"). We and our affiliates use, promote, and license a registered patent to be used in connection with the operation of Franchised Businesses, and we may create, use, and license other patents for the same use (the "Patent").
You must operate your Franchised Business with either our proprietary Beverly Ann's Cookie Truck mobile truck, the "Grandma's Recipe Motor Vehicle" ("GRM") or our proprietary "Grandma's Recipe Trailer" ("GRT)." We will refer to the primary vehicle (either the GRM or a GRT) used in the Franchised Business as the "GR Vehicle." Franchisees may also operate an additional GRT as "Additional Equipment" (see Section 7.4). This Franchise Agreement grants you the right to operate the GR Vehicle within the Territory (defined below).
We grant you a non-exclusive license to own and operate a single Franchised Business using the business formats, methods, procedures, signs, designs, standards, specifications, distinguishing elements, and intellectual property (the "System") that we authorize strictly in compliance with the terms and conditions set forth in this Franchise Agreement, within the Territory or other areas we may specify in Attachment A to this Franchise Agreement. You recognize and acknowledge the distinctive significance to the public of the System and Marks and acknowledge and understand our high and uniform standards of quality, appearance and service to the value of the System. You acknowledge that we may change, improve or otherwise modify the System as we deem appropriate in our discretion, and you agree to promptly accept and comply with any such changes, improvements or modifications. You further acknowledge that our
grant to operate a Franchised Business is based on the representations made in your application. You acknowledge and agree this Franchise Agreement does not grant you the right or option to open any additional Franchised Businesses or any right to sublicense or subfranchise any of the rights we grant you in this Franchise Agreement. You may only open an additional Franchised Business under a separate franchise agreement with us, which we may grant in our sole discretion.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Beverly Anns Cookie franchise agreement grants franchisees the right to operate their business using the franchisor's trademarks, service marks, trade names, trade dress, logos, slogans, and commercial symbols. This license is non-exclusive and allows franchisees to use the Beverly Anns Cookie system and marks within their designated territory. Franchisees acknowledge the significance of these trademarks and the franchisor's high standards of quality associated with them.
The franchise agreement emphasizes that franchisees must cease using the intellectual property, including trademarks, immediately upon termination, expiration, or transfer of the franchise agreement. Continued use of these marks would constitute trademark infringement, highlighting the importance of adhering to the terms of the agreement regarding intellectual property.
The franchisor retains the right to use the marks and system to sell products or services through other channels of distribution, including television, mail order, catalog sales, wholesale, or the Internet. They can also license the use of other proprietary marks or methods that are not confusingly similar to the Beverly Anns Cookie marks. This means that franchisees may face competition from the franchisor's other ventures or channels, as long as those ventures do not use the same protected marks within the franchisee's territory.