Does the definition of 'Marks' for Beverly Anns Cookie include trade dress?

According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, the definition of "Marks" does include trade dress. The FDD defines "Marks" as the logotypes, service marks, and trademarks 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 Beverly Anns Cookie designates for use by a franchisee.

Importantly, the definition explicitly states that the term "Marks" also includes any distinctive trade dress used to identify a Beverly Ann's Business, whether now in existence or hereafter created. This means that the overall look and feel of the Beverly Anns Cookie business, including elements like store design, signage, and other visual identifiers, are considered part of the brand's intellectual property.

For a prospective franchisee, this means they must adhere to Beverly Anns Cookie's standards for trade dress and cannot alter or modify the appearance of their business in a way that would infringe on the brand's established image. This protects the consistency and uniformity of the Beverly Anns Cookie brand across all locations.