Does Carvel update the list of Proprietary Marks that I can 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. We may specify the other Proprietary Marks that you may use, if any, in writing from time to time. You must comply with the proper use and marking of the Proprietary Marks as we indicate in the Manuals or otherwise. We update the Manuals periodically and add or delete Proprietary Marks on a continuing basis.
We are the owner of all right, title, and interest in and to the Proprietary Marks and the goodwill associated with them. All goodwill associated with the Proprietary Marks remains our exclusive property.
Source: Item 13 — Trademarks (FDD pages 79–81)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, Carvel may specify the Proprietary Marks that a franchisee is allowed to use in writing from time to time. Carvel updates its manuals periodically and may add or delete Proprietary Marks on a continuing basis. Franchisees must comply with the proper use and marking of Proprietary Marks as indicated in the manuals or otherwise instructed by Carvel.
This means that the specific trademarks and service marks Carvel licenses to its franchisees can change over time. Carvel retains the right to modify or discontinue the use of any Proprietary Mark and to require franchisees to adopt additional or substitute Proprietary Marks. While Carvel can mandate these changes, the FDD states that Carvel will not be liable to the franchisee for any expenses resulting from these changes.
Prospective franchisees should be aware that the Proprietary Marks they initially license may not be the same throughout the term of their Franchise Agreement. It is important to stay updated with any changes communicated through the manuals or other written notices from Carvel. While Carvel is responsible for defending franchisees against claims of infringement related to the Proprietary Marks, franchisees must use the marks in accordance with the Franchise Agreement to be eligible for this protection.
It is also important to note that if a Carvel franchisee learns of any claim against them for alleged infringement, unfair competition, or similar claims about the Proprietary Marks, they must promptly notify Carvel. Carvel will then take the action it considers necessary to defend the franchisee and must indemnify the franchisee for any action against them by a third party based solely on alleged infringement, unfair competition, or similar claims about the Proprietary Marks.