What does Burneys Sweets More consider as 'Marks'?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Franchisor identifies its goods and services with certain service marks, trade names and trademarks, including, but not limited to, the "BURNEY'S SWEETS & MORE" trademark, as well as certain other trademarks, service marks, slogans, logos and emblems which have been and which may hereafter be designated by Franchisor for use in connection with the System (the "Marks").
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, the term 'Marks' encompasses a range of identifiers used to represent the brand. These include the "BURNEY'S SWEETS & MORE" trademark itself, along with other trademarks, service marks, slogans, logos, and emblems that Burneys Sweets More designates for use within its System. This definition is important for prospective franchisees as it establishes the scope of intellectual property they are licensed to use.
Burneys Sweets More retains the right to modify or substitute these Marks if it deems it beneficial to the System. Franchisees are obligated to comply with any such changes, bearing the associated expenses. Additionally, franchisees must adhere to Burneys Sweets More's directions regarding the use of Marks, and in certain situations, such as a court order, may be required to modify or discontinue their use. Franchisees are not entitled to compensation for costs incurred due to these changes.
Upon termination or non-renewal of the franchise agreement, the franchisee must immediately cease using all Marks and take actions to cancel any assumed names or registrations containing the Burneys Sweets More name or other Marks. This ensures that the brand's identity remains protected and that the former franchisee does not continue to represent themselves as associated with Burneys Sweets More. These stipulations are typical in franchising to protect the brand's image and prevent confusion in the marketplace.