What does the term 'Marks' refer to in the Burneys Sweets More franchise agreement?

According to the 2025 Burneys Sweets More Franchise Disclosure Document, the term "Marks" refers to the service marks, trade names, and trademarks that Burneys Sweets More uses to identify its goods and services. These include, but are not limited to, the "BURNEY'S SWEETS & MORE" trademark, as well as other trademarks, service marks, slogans, logos, and emblems that Burneys Sweets More designates for use with its System.

For a prospective franchisee, this means they are granted a license to use these Marks for operating their Burneys Sweets More franchise. However, this use is strictly governed by the franchise agreement. Franchisees must use the Marks in accordance with Burneys Sweets More's standards and specifications, as outlined in the Brand Standards Manual and the franchise agreement.

Burneys Sweets More retains the right to change, revise, or substitute different Marks if it believes it will benefit the System. Franchisees are obligated to comply with these changes and bear any associated expenses. Additionally, if a court orders or Burneys Sweets More deems it necessary, franchisees must modify or discontinue the use of any Mark, without compensation for any incurred costs. This highlights the importance of adhering to Burneys Sweets More's guidelines and recognizing their control over the brand's intellectual property.