Where does Carvel specify the proper use and marking of the Proprietary Marks?

According to Carvel's 2025 Franchise Disclosure Document, the proper use and marking of the Proprietary Marks are detailed in the Manuals or otherwise indicated by Carvel. Franchisees must adhere to these guidelines, and Carvel retains the right to update the Manuals periodically, adding or deleting Proprietary Marks as needed. This ensures that franchisees use the trademarks correctly and consistently, maintaining brand integrity.

Carvel emphasizes that franchisees must strictly follow the brand's standards, specifications, requirements, and instructions when using the Proprietary Marks. Franchisees are prohibited from using any mark or similar designations as part of a corporate or business name, with unauthorized prefixes or suffixes, in selling unauthorized services or products, or within any domain name or electronic address without explicit written consent from Carvel. These restrictions are in place to protect the brand's identity and prevent misuse of its trademarks.

These guidelines are crucial for franchisees because any deviation from the specified use of the Proprietary Marks could lead to a breach of the Franchise Agreement. Carvel retains exclusive ownership of the trademarks, and any goodwill established through their use inures solely to Carvel's benefit. Upon expiration or termination of the Franchise Agreement, all rights to use the Proprietary Marks revert to Carvel automatically, without any payment to the franchisee. Franchisees are also prohibited from contesting Carvel's rights or interest in the Proprietary Marks.