factual

Must a Chesters franchisee obtain prior written approval for all proposed uses of the Marks?

Chesters Franchise · 2025 FDD

Answer from 2025 FDD Document

You may use only the Marks we designate and may use them only in the manner we authorize.

You must obtain our prior written approval of all your proposed uses of the Marks.

Your right to use the Marks ends automatically when this Agreement expires or is earlier terminated.

We own all of the Marks and the goodwill associated with them and have the sole right to protect and defend them as we deem appropriate.

Source: Item 23 — **RECEIPTS (FDD pages 48–197)

What This Means (2025 FDD)

According to Chesters's 2025 Franchise Disclosure Document, a franchisee must obtain prior written approval for all proposed uses of the Marks. The Marks refer to the trademarks and logos that identify the Chester's System. This requirement ensures that the franchisee uses the Marks only in a manner authorized by Chesters.

This means a Chesters franchisee cannot independently decide how or where to display the Chesters logo or trademarks. Any proposed use of the Marks, whether on signage, advertising materials, or other items, must first be submitted to Chesters for approval. This allows Chesters to maintain control over its brand image and ensure consistency across all franchise locations.

The franchise agreement also states that the right to use the Marks ends automatically when the agreement expires or is terminated. Chesters retains ownership of all Marks and the goodwill associated with them, with the sole right to protect and defend them. This underscores the importance of adhering to Chesters's guidelines and obtaining prior written approval for any use of the Marks during the franchise term.

Furthermore, franchisees are prohibited from contesting the validity or ownership of the Marks. They cannot use the Marks in any way that is not expressly authorized, including using them in relation to any business other than the operation of the Restaurant, using any other commercial symbol as a primary identifier, or using the Marks in any manner that may injure or disparage Chesters's reputation.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.