As a Checkers franchisee, am I required to use the Marks as the sole identification of the Franchised Restaurant?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
ereby inures to our exclusive benefit. All provisions of this Agreement applicable to the Marks apply to any additional or substitute trademarks, service marks and trade dress we authorize you to use. You may not at any time during or after the Term contest, or assist any other person in contesting, the validity or ownership of any of the Marks.
- 5.02 Use of the Marks. You agree to use the Marks as the sole identification of the Franchised Restaurant, provided you identify yourself as the independent owner thereof in the manner we prescribe. You agree to use the Marks as we prescribe in connection with the sale of authorized food products, beverages and services. You may not use any Mark (or any abbreviation, modification or colorable imitation) as part of any corporate or legal business name or in any other manner (including as an electronic media identifier, such as a website, web page or domain name) not expressly authorized by us in writing.
- 5.03 Discontinuance of Use of Marks. If it becomes advisable at any time for us and/or you to modify or discontinue use of any Mark and/or use one or more additional or substitute trademarks, service marks or trade dress, you agree to comply with our directions within a reasonable time after we provide notice to you.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, as a franchisee, you must use the Marks as the sole identification of your franchised restaurant. However, you must also identify yourself as the independent owner in the manner that Checkers prescribes. This means you cannot use any Checkers mark, abbreviation, modification, or imitation as part of your corporate or legal business name, or in any unauthorized manner, including electronic media.
Checkers retains the right to require you to modify or discontinue the use of any Mark, or to use substitute trademarks, service marks, or trade dress. You must comply with these directions within a reasonable time after receiving notice from Checkers. Checkers assumes no liability or obligation for any required modification or discontinuance of any Mark or the promotion of a substitute trademark, service mark, or trade dress.
You are obligated to notify Checkers immediately of any apparent infringement or challenge to your use of any Mark, or any claim by another person of rights in any Mark. This ensures that Checkers can protect its trademarks and brand identity, which is crucial for maintaining consistency across all franchise locations and preventing consumer confusion. These stipulations are typical in franchise agreements, as franchisors need to maintain control over their brand and trademarks.