Can I apply for registration of any Proprietary Mark associated with the Carvel franchise?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
Your rights to the Proprietary Marks are derived solely from your Franchise Agreement. You will only use the Proprietary Marks to identify your Shoppe except as we authorize. You have no right to apply for registration of any Proprietary Mark. In using the Proprietary Marks, you must strictly follow our Standards, specifications, requirements, and instructions. You may not use any Mark or any words or designations similar to the Marks (i) as part of any corporate or legal business name, (ii) with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos we have licensed to you), (iii) in selling any unauthorized services or products, (iv) as part of any domain name, electronic address, metatag, search engine keyword, social media account, or otherwise in connection with any website or other electronic medium without our consent, or (v) in any other manner we have not expressly authorized in writing. When your Franchise Agreement expires or terminates, all rights to use the Proprietary Marks will revert to us automatically without payment to you and you will keep no rights in the Proprietary Marks. You may not take any action to question or contest our rights or interest in the Proprietary Marks and the goodwill in the Proprietary Marks.
Source: Item 13 — Trademarks (FDD pages 79–81)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from applying for registration of any Proprietary Mark associated with the Carvel franchise. Carvel retains ownership of all rights, titles, and interests in its Proprietary Marks, including the goodwill associated with them. Franchisees' rights to use these marks are solely derived from the Franchise Agreement, and this use is limited to identifying their Carvel Shoppe, unless otherwise authorized by Carvel. Upon expiration or termination of the Franchise Agreement, all rights to use the Proprietary Marks automatically revert to Carvel without any payment to the franchisee.
Carvel maintains strict control over the use of its Proprietary Marks, requiring franchisees to adhere to the company's standards, specifications, requirements, and instructions. Franchisees are prohibited from using any mark or similar designations in ways not expressly authorized by Carvel, such as in corporate or business names, with prefixes or suffixes, in selling unauthorized products or services, or as part of domain names or social media accounts. Franchisees are also barred from taking any action that could question or contest Carvel's rights or interests in the Proprietary Marks.
If a franchisee faces a claim of infringement or unfair competition related to the Proprietary Marks, they must promptly notify Carvel, which will then take necessary action to defend the franchisee. Carvel will indemnify the franchisee against third-party actions based on these claims, provided the franchisee has not violated the Franchise Agreement in their use of the marks. Carvel has the right to control, defend, and settle any such claim at its own expense, and the franchisee is required to cooperate in the defense. This framework ensures that Carvel maintains consistent brand control and protects its trademarks across all franchise locations.