If Carbones Pizzeria modifies or discontinues the use of any name or mark, is this at their sole discretion?

According to the 2025 FDD, Carbones Pizzeria has the sole discretion to modify or discontinue the use of any name or mark associated with the franchise. If Carbones Pizzeria decides to change or discontinue a name or mark, franchisees are obligated to comply and must also use any additional or substitute names or marks that Carbones Pizzeria requires.

This means that a franchisee must be prepared to adapt to changes in branding and marketing at the direction of Carbones Pizzeria. The franchisee is responsible for all costs and expenses associated with these changes, which could include updating signage, marketing materials, and other branded items. This could represent a significant, unplanned expense.

While Carbones Pizzeria will indemnify franchisees against third-party claims of trademark infringement resulting from the use of names and marks, this protection is contingent on the franchisee's compliance with the franchise agreement, including any requirements to modify or discontinue the use of a name or mark. Franchisees must notify Carbones Pizzeria of any such claims within ten days and allow Carbones Pizzeria to manage the defense of the claim. This highlights the importance of adhering to Carbones Pizzeria's branding guidelines and promptly addressing any potential trademark issues.