What does the term 'Proprietary Marks' refer to in the Chicken Guy Franchise Agreement?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
The term "Proprietary Marks" as used in this Agreement refers to all words, symbols, insignia, devices, designs, trade names, service marks or combinations thereof designated by Chicken Guy as identifying the System and the products sold and services provided in connection with the System. Chicken Guy shall, from time to time, advise Franchisee as to any additions or deletions to the Proprietary Marks, and Franchisee's right to use the Proprietary Marks shall be deemed modified by those additions or deletions.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Chicken Guy Franchise Disclosure Document, the term "Proprietary Marks" encompasses all identifiers that Chicken Guy uses to represent its brand and system. These include words, symbols, insignia, devices, designs, trade names, and service marks, or any combination thereof. Chicken Guy retains the right to modify these marks, advising franchisees of any additions or deletions, which will then modify the franchisee's right to use them.
As a Chicken Guy franchisee, you are granted a limited right to use these Proprietary Marks strictly for operating your franchised restaurant at the approved location. This usage must align with the franchise agreement and the operations manual. Any use of the marks on vehicles requires prior written approval from Chicken Guy. Franchisees are prohibited from altering the marks or using confusingly similar variations without authorization.
The Franchise Agreement also specifies that franchisees cannot use the Proprietary Marks in any unauthorized manner, including within corporate or partnership names, or in conjunction with other trade names. Franchisees must include specific disclaimers indicating their franchisee status when local laws require assumed name filings. Furthermore, franchisees are required to use the appropriate symbols (® for registered marks and ™ for pending registrations) with all Proprietary Marks.
Chicken Guy maintains control over the Proprietary Marks to ensure consistent quality and brand representation. Franchisees benefit from the established brand recognition associated with these marks but must adhere strictly to the guidelines set forth by Chicken Guy to protect the integrity of the brand. Unauthorized use or modification of the Proprietary Marks can result in a breach of the franchise agreement and infringement of Chicken Guy's rights.