What is the Chocolate Bash franchisee's obligation regarding the use of its legal name on documents?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
- 12.1 Authorized Marks. Franchisee shall use no trademarks, service marks or logos in connection with the Business other than the Marks. Franchisee shall use all Marks specified by CB Franchising, and only in the manner as CB Franchising may require. Franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with this Agreement. All use of the Marks by Franchisee and any goodwill associated with the Marks, including any goodwill arising due to Franchisee's operation of the Business, will inure to the exclusive benefit of CB Franchising.
- 12.2 Change of Marks. CB Franchising may add, modify, or discontinue any Marks to be used under the System. Within a reasonable time after CB Franchising makes any such change, Franchisee must comply with the change, at Franchisee's expense.
12.3 Infringement.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, Chocolate Bash franchisees are obligated to use only the trademarks, service marks, and logos specified by Chocolate Bash in connection with their business. Franchisees must use all Marks specified by Chocolate Bash, and only in the manner that Chocolate Bash requires. The franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with the Franchise Agreement. All use of the Marks by the franchisee and any goodwill associated with the Marks, including any goodwill arising due to the franchisee's operation of the Business, will inure to the exclusive benefit of Chocolate Bash Franchising, LLC.
Chocolate Bash retains the right to add, modify, or discontinue any Marks used under the System. The franchisee is responsible for complying with these changes at their own expense within a reasonable time after Chocolate Bash implements them. This ensures that all Chocolate Bash locations maintain a consistent brand image and adhere to the current standards set by the franchisor.
Upon termination or expiration of the franchise agreement, the franchisee must cease doing business under any of the Marks. Within 30 days after termination or expiration, the franchisee is responsible for de-identifying the location at their own expense, removing all Marks, signage, and trade dress of a Chocolate Bash business to the reasonable satisfaction of Chocolate Bash. If the franchisee fails to do so, Chocolate Bash has the right to enter the location to remove the Marks and de-identify the location without being charged with trespass or being held accountable for any assets removed or altered, or for any damage caused during the process.