If I operate a Swirl Shoppe, what marks will Carvel license me to use?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
If you operate a Swirl Shoppe, we will license you the right to use the Proprietary Marks inside the Swirl Shoppe and on secondary signage on the exterior of the Swirl Shoppe. The Swirl Shoppe will be primarily identified by the Cinnabon Swirl™ mark that will be licensed to you pursuant to the Co-Branded Franchise Agreement that you will sign with Cinnabon. Cinnabon has filed an application to register the Cinnabon Swirl™ design mark on the Principal Register of the USPTO (Application Number 97,411,653, Application Date 5/16/22), as is further described in Cinnabon's Franchise Disclosure Document.
Other Proprietary Marks have been, or may be, applied for or registered with the USPTO. The provisions of the Franchise Agreement apply to any and all other trademarks, service marks, and trade dress authorized and licensed for use by us to you during the term of the Franchise Agreement. We may specify the other Proprietary Marks that you may use, if any, in writing from time to time. You must comply with the proper use and marking of the Proprietary Marks as we indicate in the Manuals or otherwise. We update the Manuals periodically and add or delete Proprietary Marks on a continuing basis.
We are the owner of all right, title, and interest in and to the Proprietary Marks and the goodwill associated with them. All goodwill associated with the Proprietary Marks remains our exclusive property. All usage of the trademarks by you and any goodwill established will inure to our exclusive benefit.
Source: Item 13 — Trademarks (FDD pages 79–81)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, if you operate a Swirl Shoppe, Carvel will license you to use its Proprietary Marks inside the Swirl Shoppe and on secondary signage on the exterior. However, the Swirl Shoppe will be primarily identified by the Cinnabon Swirl™ mark, which will be licensed to you under a separate Co-Branded Franchise Agreement with Cinnabon. Cinnabon has applied to register the Cinnabon Swirl™ design mark with the USPTO (Application Number 97,411,653, Application Date 5/16/22).
Carvel retains ownership of all rights, titles, and interests in the Proprietary Marks, including the associated goodwill. Any usage of the trademarks by the franchisee and any goodwill established will benefit Carvel exclusively. Franchisees must adhere to Carvel's standards for using the Proprietary Marks and cannot use similar marks in unauthorized ways, such as in a business name or domain name, without express written consent from Carvel.
Upon termination or expiration of the Franchise Agreement, all rights to use the Proprietary Marks revert to Carvel without any payment to the franchisee. The franchisee cannot contest Carvel's rights or interests in the Proprietary Marks. Carvel may instruct franchisees to modify or discontinue the use of any Proprietary Mark or adopt substitute marks, without liability for any resulting expenses incurred by the franchisee.