What mark will primarily identify the Carvel Swirl Shoppe?
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, the Cinnabon Swirl™ mark will primarily identify a Carvel Swirl Shoppe. Carvel will license the use of its Proprietary Marks inside the Swirl Shoppe and on secondary signage outside the Swirl Shoppe. The Cinnabon Swirl™ mark will be licensed to franchisees through a Co-Branded Franchise Agreement with Cinnabon.
As of the application date of May 16, 2022, Cinnabon has filed an application to register the Cinnabon Swirl™ design mark on the Principal Register of the USPTO (Application Number 97,411,653). Further details about this mark can be found in Cinnabon's Franchise Disclosure Document.
It is important to note that Carvel may modify or discontinue the use of any Proprietary Mark, or require the adoption of additional or substitute Proprietary Marks. Carvel will not be liable for any expenses incurred as a result of these changes. Franchisees must also notify Carvel of any claims of infringement or unfair competition related to the Proprietary Marks and must adhere to Carvel's instructions regarding the use of these marks.