Does Chicken Guy have the right to permit its franchisees to use the name and mark 'Chicken Guy!'?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
Pursuant to a License Agreement with Chicken Concept, LLC ("Licensor"), Chicken Guy has the right to use, and permit its franchisees to use, the name and mark "Chicken Guy!" in addition to certain related trademarks, service marks and other commercial symbols.
Chicken Guy identifies the System by means of the "CHICKEN GUY!" name and mark and certain other names, marks, logos, insignias, slogans, emblems, symbols and designs (collectively "Proprietary Marks"), which Chicken Guy has designated, or may in the future designate, for use with the System. The Proprietary Marks used to identify the System, including the principal Proprietary Marks, may be modified by Chicken Guy and/or its affiliates from time to time.
Chicken Guy continues to develop, use and control the use of these Proprietary Marks in order to identify to the public the source of services and products marketed under the Proprietary Marks and the System and to represent the System's high standards of quality, appearance and service.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Chicken Guy FDD, Chicken Guy has the right to permit its franchisees to use the name and mark "Chicken Guy!". This right is established through a License Agreement between Chicken Guy and Chicken Concept, LLC, referred to as the Licensor.
Chicken Guy identifies its System by using the "CHICKEN GUY!" name and mark, along with other proprietary marks like logos and designs. Chicken Guy may modify these Proprietary Marks over time. Franchisees are granted a limited right to use these marks specifically for operating their franchised restaurant, as detailed in the franchise agreement and operations manual.
The Franchise Agreement specifies that Chicken Guy and its affiliates retain ownership of the Proprietary Marks, and any goodwill arising from their use benefits Chicken Guy. Franchisees cannot register or attempt to claim ownership of the marks. Unauthorized use of the Proprietary Marks by a franchisee constitutes a breach of the agreement and infringement of Chicken Guy's rights.
Overall, this arrangement allows Chicken Guy to maintain consistent branding across all franchise locations while granting franchisees the necessary rights to operate under the Chicken Guy name. Franchisees must adhere to Chicken Guy's guidelines and protect the brand's integrity.