Can a Beverly Anns Cookie franchisee use the Marks as the sole identification of their Franchised Business?
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).
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, as a franchisee, you will operate a mobile business under the company's service marks, trademarks, trade names, trade dress, logos, slogans and commercial symbols, which are collectively known as the "Marks". Beverly Anns Cookie and its affiliates use, promote, and license a registered patent to be used in connection with the operation of Franchised Businesses.
The agreement grants you a non-exclusive license to operate a single Franchised Business using the business formats, methods, procedures, signs, designs, standards, specifications, distinguishing elements, and intellectual property that Beverly Anns Cookie authorizes. This authorization is strictly in compliance with the terms and conditions set forth in the Franchise Agreement, within the Territory or other areas specified in Attachment A.
Beverly Anns Cookie retains all territorial rights not expressly granted to the franchisee. This includes the right to own, franchise, or operate Franchised Businesses at any location outside of the Territory, regardless of proximity to the franchisee's business. They also retain the right to use the Marks and the System to sell products or services through any alternate channels of distribution within or outside the Territory, such as television, mail order, catalog sales, wholesale to unrelated retail outlets, or over the Internet. Franchisees must also cease to use the Intellectual Property in any manner whatsoever and not use any trademarks or trade names that may be confusingly similar to the Intellectual Property after termination of the franchise agreement.