What is the Carbones Pizzeria franchisee's obligation regarding the use of Names and Marks specified by Carbones Pizzeria?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
ing and obtaining additional insurance as required by Franchisor. If Franchisor approves of Franchisee selling any of the foregoing items or engaging in any of the foregoing activities, Franchisee shall do so at all times in compliance with Franchisor's standards, as it may determine from time-to-time, and in all events in compliance with applicable law.
9. Use of Name; Changing Name; Indemnification Against Infringement Suits.
a. Franchisee, in the conduct of Franchisee's business, agrees to use only the name "Carbone's Pizzeria". Franchisee shall identify Franchisee's Restaurant as a member
of the Carbone's franchise system. Franchisee agrees that Franchisee will not include any of the Names and Marks in its corporate name nor make any use, direct or indirect, of the names "Carbone's Pizzeria", "Carbone's Pizza" or any other Name and Mark in connection with any other business, that Franchisee will not authorize or attempt to authorize the use of any of the foregoing in any other area and that Franchisee will not permit any other party to use any of the foregoing.
- b. Franchisee shall not use or cause to be used any trademark or logo other than the Names and Marks in any advertising or promotion without the prior written approval of Franchisor.
- c. If it becomes advisable at any time in the sole discretion of Franchisor to modify or discontinue the use of any of the Names and Marks and/or use one or more additional or substitute names or marks, Franchisee is obligated to do so and Franchisee shall bear all expenses of complying with this obligation.
- d. Franchisor shall indemnify Franchisee against liability to third parties resulting from claims by third parties that such Franchisee's use of the Names and Marks infringes trademark rights of the third party.
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, a franchisee must exclusively use the name "Carbone's Pizzeria" in the conduct of their business and identify their restaurant as part of the Carbone's franchise system. The franchisee cannot include any of the Names and Marks in its corporate name or use them in connection with any other business. They also cannot authorize or attempt to authorize the use of the Names and Marks in any other area, nor permit any other party to use them.
Carbones Pizzeria franchisees must display the Names and Marks specified by Carbones Pizzeria on the Restaurant and on any stationery used in connection therewith. They are prohibited from displaying the name of any other product or person unless authorized in writing by Carbones Pizzeria. Franchisees cannot use any trademark or logo other than the Names and Marks in any advertising or promotion without prior written approval from Carbones Pizzeria.
If Carbones Pizzeria decides to modify or discontinue the use of any of the Names and Marks, or use substitute names or marks, the franchisee is obligated to comply and bear all expenses associated with this change. Upon termination of the Franchise Agreement, the franchisee must immediately cease using the names "Carbone's Pizzeria" or "Carbone's Pizza" and any other Names and Marks. These stipulations ensure consistent branding and protect the Carbones Pizzeria trademarks.