Does the definition of 'Marks' for Beverly Anns Cookie include service marks?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of a Beverly Ann's Business, including "Beverly Ann's Cookie," and any other trademarks, service marks, or trade names that we designate for use by a Beverly Ann's Business. The term "Marks" also includes any distinctive trade dress used to identify a Beverly Ann's Business, whether now in existence or hereafter created.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the definition of "Marks" explicitly includes service marks. The FDD defines "Marks" as encompassing logotypes, service marks, and trademarks currently or in the future used in the operation of a Beverly Ann's Business. This includes the trademark "Beverly Ann's Cookie" and any other trademarks, service marks, or trade names that Beverly Ann's Cookie designates for use by its franchisees.
This definition also extends to any distinctive trade dress that identifies a Beverly Ann's Business, whether it exists now or is created in the future. This means that the overall look and feel of the Beverly Ann's Cookie business, including its visual elements, are protected under the umbrella of "Marks."
For a prospective franchisee, this definition is important because it clarifies what intellectual property Beverly Ann's Cookie protects and licenses for use. It also highlights the importance of adhering to Beverly Ann's Cookie's standards and guidelines regarding branding and trade dress to maintain consistency across all franchise locations and avoid potential legal issues related to trademark infringement.