Does the definition of 'Marks' for Chatime include logos?
Chatime Franchise · 2025 FDDAnswer from 2025 FDD Document
(41) Marks means the trademarks, service marks, logos, and other commercial symbols or indicia owned or controlled under license by Franchisor, which Franchisor authorizes Developer to use under this Agreement, including but not limited to the Network Name.
(43) Network Name means the name "Chatime" and "日出茶太" or such variation to "Chatime" and "日出茶太" or such additional or replacement name or logos as Franchisor may from time to time use as the name under which Outlets are operated.
Source: Item 23 — Receipts (FDD pages 58–262)
What This Means (2025 FDD)
According to Chatime's 2025 Franchise Disclosure Document, the definition of "Marks" does include logos. Specifically, the FDD states that "Marks" means the trademarks, service marks, logos, and other commercial symbols or indicia owned or controlled under license by Franchisor. This definition extends to any logos that Chatime authorizes the Developer to use under the agreement, including the Network Name.
This is important for a prospective franchisee because it clarifies what intellectual property they are licensed to use. The franchisee must use only the logos and marks that Chatime authorizes. Unauthorized use of logos or marks could lead to legal issues or a breach of the franchise agreement.
Furthermore, the FDD also defines "Network Name" as the name "Chatime" and "日出茶太" or such variation to "Chatime" and "日出茶太" or such additional or replacement name or logos as Chatime may from time to time use as the name under which Outlets are operated. This indicates that Chatime retains the right to modify or change the logos used in the franchise system, and franchisees must adapt to these changes.