What is the Primary Mark, as defined in the Carvel FDD?

According to the 2025 Carvel Franchise Disclosure Document, the "Primary Mark" is defined as CARVEL®. This mark is central to the franchise agreement, as it represents the brand's identity and the goodwill associated with it. As a franchisee, you are granted a non-exclusive license to use this mark in operating your Carvel business, but only in accordance with the guidelines and standards set by Carvel.

The use of the Primary Mark is restricted to the specific location of the franchised business and in approved advertising materials. Carvel retains the right to modify the marks, including adding new trade names, service marks, and trademarks, which will also be included in the term "Marks." This means that Carvel can update or change its branding over time, and franchisees are expected to adapt to these changes.

As a franchisee, it is crucial to adhere to Carvel's rules regarding the use of the Primary Mark and other intellectual property. Unauthorized use of the marks can lead to a breach of the franchise agreement. Furthermore, franchisees are prohibited from contesting Carvel's ownership or right to license the intellectual property. This underscores the importance of understanding and respecting the franchisor's intellectual property rights when investing in a Carvel franchise.