Can Chicken Guy modify the Proprietary Marks used to identify the Chicken Guy system?

According to the 2025 Chicken Guy FDD, Chicken Guy has the authority to modify the Proprietary Marks used to identify its system. The term "Proprietary Marks" encompasses all words, symbols, designs, trade names, service marks, or combinations that Chicken Guy designates as identifiers of the Chicken Guy system, including its products and services. Chicken Guy will inform franchisees of any additions or deletions to these Proprietary Marks, which will then modify the franchisee's right to use them. This ensures that the brand's image remains consistent and up-to-date across all franchise locations. Chicken Guy also reserves the right to change or modify the system, including modifications to the Manual, the menu and menu formats, the required equipment, the signage, the building and premises of the Franchised Restaurant (including the trade dress, décor and color schemes), the presentation of the Proprietary Marks, the adoption of new administrative forms and methods of reporting and of payment of any monies owed to Chicken Guy (including electronic means of reporting and payment) and the adoption and use of new or modified Proprietary Marks or copyrighted materials.

This ability to modify the Proprietary Marks allows Chicken Guy to adapt to changing market conditions, consumer preferences, or legal requirements. For a franchisee, this means they must be prepared to update signage, menus, and other branded materials to reflect any changes made by Chicken Guy. Failure to comply with these changes could result in a breach of the franchise agreement. Franchisees do not have the right to alter or modify the Proprietary Marks themselves, ensuring brand consistency. Franchisees are also prohibited from using the Proprietary Marks in any unauthorized manner, including on the internet or in any electronic medium, without prior written consent from Chicken Guy.

Chicken Guy also retains control over the use of Proprietary Marks on the internet. Franchisees must obtain written approval from Chicken Guy for any Electronic Identifiers, website content, hyperlinks, and materials used online. Chicken Guy can also designate the form and content of the franchisee's website and require it to be hosted by Chicken Guy or a third party. This level of control ensures that the brand's online presence is consistent and aligned with Chicken Guy's overall marketing strategy. If Chicken Guy elects to use a principal name other than "CHICKEN GUY!" to identify the System, Chicken Guy may select another name and notify Franchisee to change all or some items bearing the Proprietary Marks to the new name within a reasonable period of time as determined by Chicken Guy without any liability to Franchisee, and Franchisee promptly shall adopt that name.

Overall, these provisions in the franchise agreement emphasize Chicken Guy's control over its brand identity and the importance of franchisees adhering to the franchisor's standards. While franchisees benefit from using a recognized brand, they must also accept that Chicken Guy has the final say in how the brand is presented and used. Franchisees should be aware of these requirements and be prepared to invest in updates and changes as directed by Chicken Guy to maintain compliance with the franchise agreement.