If I operate a Swirl Shoppe, what primary trademark will Carvel license to me?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
filed an application to register the following design on the Principal Register of the USPTO:
| Mark | Application Number | Application Date | |---|---|---| | 98,426,727 | February 29, 2024 | | At this time, we do not have a registration for this trademark. Therefore, this trademark does not have many of the legal benefits and rights as a federally-registered trademark. If your right to use this trademark is challenged, you may have to change to an alternative trademark which will increase your expenses.
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.
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 the right to use Proprietary Marks inside the Swirl Shoppe and on secondary signage outside. However, the Swirl Shoppe will be primarily identified by the Cinnabon Swirl™ mark. This mark will be licensed to you under a 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). More details about this mark can be found in Cinnabon's Franchise Disclosure Document.
This co-branding arrangement means that as a Carvel franchisee operating a Swirl Shoppe, your business's primary branding will come from Cinnabon rather than Carvel itself. This is an important consideration, as the success of your franchise will be closely tied to the Cinnabon brand's recognition and appeal. You will need to familiarize yourself with the terms of the co-branded franchise agreement with Cinnabon, as it will govern your use of the Cinnabon Swirl™ mark.
It's also important to note that Carvel states that they do not have a registration for the Proprietary Marks. Therefore, this trademark does not have many of the legal benefits and rights as a federally-registered trademark. If your right to use this trademark is challenged, you may have to change to an alternative trademark which will increase your expenses. This could impact your business if there are any disputes over the use of the Cinnabon Swirl™ mark or other proprietary marks associated with the Swirl Shoppe. Prospective franchisees should carefully review the Cinnabon FDD and discuss the co-branding arrangement with Carvel to fully understand the implications.