Are there any agreements currently in effect that could significantly limit Carvel's rights to use or license the Proprietary Marks?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no agreements currently in effect which could significantly limit our rights to use or license the Proprietary Marks. There are no currently effective determinations of the USPTO, Trademark Trial and Appeal Board, the trademark administrator of any state, or any court adversely affecting the ownership, use or licensing of the Proprietary Marks. There is no pending infringement, opposition or cancellation proceedings, or material litigation, involving the Proprietary Marks. There are no currently effective agreements limiting our right to use or license the Proprietary Marks. There are presently no infringing uses known to us that could materially affect your use of the Proprietary Marks listed above in the state in which your Shoppe will be located.
Source: Item 13 — Trademarks (FDD pages 79–81)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, there are no agreements currently in effect that could significantly limit Carvel's rights to use or license its Proprietary Marks. Carvel asserts that it owns all rights, titles, and interests in these marks, along with the associated goodwill. Any usage of these trademarks by a franchisee and any goodwill established through that use will exclusively benefit Carvel.
Furthermore, the document states that there are no current determinations by the USPTO, Trademark Trial and Appeal Board, any state trademark administrator, or any court that would adversely affect Carvel's ownership, use, or licensing of its Proprietary Marks. There are also no pending infringement, opposition, or cancellation proceedings, nor any material litigation involving these marks. This indicates that Carvel's trademarks are secure and legally protected, which is a positive sign for potential franchisees.
For a prospective Carvel franchisee, this means that the rights to use Carvel's trademarks are clearly defined and protected. The franchisee's rights to use the Proprietary Marks are derived solely from the Franchise Agreement. Franchisees must adhere strictly to Carvel's standards, specifications, requirements, and instructions when using the Proprietary Marks. This ensures brand consistency and protects the integrity of the trademarks. 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, which is a standard clause in most franchise agreements.