If Carbones Pizzeria modifies a trademark, am I required to use the modified trademark?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
If it becomes advisable at any time in our sole discretion we can modify or discontinue the use of any name or mark and/or require the use of one or more additional or substitute names or
marks and you must do the same. You will bear all costs and expenses associated with the change or any addition.
We will also take reasonable steps to protect your rights to use our principal trademarks and protect you against claims of infringement or unfair competition in their use. We will indemnify you against liability to third parties resulting from claims by third parties that your use of our principal trademarks infringe upon the rights of third parties but only if such use is in accordance with the terms of the Franchise Agreement (including any requirement imposed by us to modify or discontinue the use of any name or mark and/or use one or more additional or substitute names or marks). As a condition to indemnification, you must provide notice to us of any such claim within 10 days and you must tender the defense of the claim to us. If we accept the tender of the defense, we have the right to manage the defense of the claim, including the right to compromise, settle or otherwise resolve the claim and to determine whether to appeal a final determination of the claims.
Source: Item 13 — TRADEMARKS (FDD pages 21–22)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, if Carbones Pizzeria decides to modify or discontinue a trademark, franchisees are obligated to comply. Specifically, if Carbones Pizzeria, at its sole discretion, finds it advisable to modify or discontinue the use of any of its names and marks, or to use additional or substitute names or marks, the franchisee must implement these changes.
This obligation extends to bearing all expenses associated with complying with the required changes. This could include costs for new signage, marketing materials, and other items displaying the updated branding.
Carbones Pizzeria also states that they will indemnify franchisees against liability to third parties resulting from claims that the franchisee's use of the names and marks infringes on a third party's trademark rights. However, this indemnification is conditional upon the franchisee using the trademarks in accordance with the franchise agreement, including complying with any requirements to modify or discontinue the use of any name or mark, or to use additional or substitute names or marks. To be eligible for indemnification, the franchisee must notify Carbones Pizzeria of any such claim within ten days of receiving it and tender the defense of the claim to them. Carbones Pizzeria retains the right to manage the defense of the claim, including settling or appealing any determinations.
This clause highlights the importance of franchisees staying aligned with Carbones Pizzeria's branding standards and trademark usage. While Carbones Pizzeria offers some protection against trademark infringement claims, franchisees must adhere to all directives regarding trademark modifications to maintain that protection and operate within the bounds of the franchise agreement.