Can Carvel authorize others to advertise using the Proprietary Marks anywhere, regardless of my Carvel franchise location?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
- (iii) We and/or our affiliates may advertise, or authorize others to advertise, using the Proprietary Marks anywhere;
Source: Item 12 — Territory (FDD pages 74–79)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, Carvel and its affiliates retain the right to authorize others to advertise using the Proprietary Marks anywhere. This means that Carvel franchisees do not have control over who Carvel allows to advertise using their trademarks.
This could impact a franchisee because even if they are performing well and advertising effectively in their local market, Carvel could authorize a national campaign or allow another entity to advertise in the same area. This could potentially dilute the effectiveness of a franchisee's advertising efforts and create competition for brand recognition.
This is a fairly standard practice in franchising, as franchisors typically want to maintain control over their brand and marketing strategies. However, it's important for prospective franchisees to understand that they will not have exclusive control over advertising and marketing efforts, even within their territory. Franchisees should inquire about Carvel's advertising plans and how they support franchisees at the local level.