What is the definition of 'Marks' in the context of the Burneys Sweets More franchise agreement?

According to the 2025 Burneys Sweets More Franchise Disclosure Document, the term 'Marks' encompasses a range of identifiers used to represent the Burneys Sweets More brand. These include service marks, trade names, and trademarks, with specific mention of the "BURNEY'S SWEETS & MORE" trademark itself. The definition extends to other trademarks, service marks, slogans, logos, and emblems that Burneys Sweets More designates for use within its System.

For a prospective franchisee, understanding the scope of the 'Marks' is crucial because it dictates what branding elements they are licensed to use and how they must present the Burneys Sweets More brand. This includes everything from signage and advertising to the overall look and feel of the shop. The franchisee's right to use these marks is strictly tied to their franchise agreement, and they must adhere to Burneys Sweets More's standards in order to maintain brand consistency.

Burneys Sweets More retains the right to modify or substitute these marks, and franchisees are obligated to comply with these changes, bearing any associated expenses. This means a franchisee may need to update signage, marketing materials, or other branded items at their own cost if Burneys Sweets More decides to refresh its branding. Furthermore, the agreement stipulates that franchisees must discontinue or modify the use of any Mark if ordered by a court or deemed necessary by Burneys Sweets More, again without compensation for incurred costs.

Upon termination or non-renewal of the franchise agreement, the franchisee's right to use the Marks immediately ceases. They must discontinue using all branding materials and take actions to cancel any assumed names or registrations that include Burneys Sweets More's Marks. This highlights the importance of the franchise agreement in defining the scope and limitations of a franchisee's rights to use the Burneys Sweets More brand identity.