Does Carvel have the right to specify other Proprietary Marks that I may use?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
de 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.
Source: Item 13 — Trademarks (FDD pages 79–81)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, Carvel retains the right to specify which Proprietary Marks a franchisee may use. The FDD states that the provisions of the Franchise Agreement apply to any and all other trademarks, service marks, and trade dress authorized and licensed for use by Carvel to the franchisee during the term of the Franchise Agreement. Carvel may specify these Proprietary Marks in writing from time to time.
As a Carvel franchisee, you must comply with the proper use and marking of the Proprietary Marks as indicated in the Manuals or otherwise provided by Carvel. Carvel updates these Manuals periodically, adding or deleting Proprietary Marks as they see fit. This means that Carvel has the authority to introduce new marks or discontinue the use of existing ones during the franchise term.
Furthermore, if Carvel instructs you to modify or discontinue the use of any Proprietary Mark or to adopt additional or substituted Proprietary Marks, you must comply with these instructions. However, Carvel will not be liable for any expenses you incur as a result of these changes. This highlights the importance of budgeting for potential rebranding or updates to signage and marketing materials throughout the franchise agreement.