What is included in the 'Marks' definition for Burneys Sweets More?
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 Burneys Sweets More's 2025 Franchise Disclosure Document, the term "Marks" encompasses a range of identifiers used to represent the brand. These include service marks, trade names, and trademarks, notably 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 defines the intellectual property they are licensed to use. This includes not only the primary trademark but also any associated branding elements that contribute to the customer's recognition of Burneys Sweets More. The franchisor retains the right to modify these marks over time, so franchisees must stay updated with any changes to maintain brand consistency.
The agreement emphasizes that franchisees must cease using all Marks upon termination, expiration, or non-renewal of the franchise agreement. This includes the primary "BURNEY'S SWEETS & MORE" mark and all associated logos, slogans, and other branding elements. Franchisees must also cancel any assumed names or similar registrations containing the Burneys Sweets More mark. This ensures a clean break and prevents any potential confusion or misuse of the brand's intellectual property after the franchise relationship ends.