What do the 'Marks' refer to in the Chocolate Bash franchise agreement?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
"Marks" means the trade name and logo contained on the Summary Page, and all other trade names, trademarks, service marks and logos specified by CB Franchising from time to time for use in a Chocolate Bash business.
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.
(iii) notify the telephone, internet, email, electronic network, directory, and listing entities of the termination or expiration of Franchisee's right to use any numbers, addresses, domain names, locators, directories and listings associated with any of the Marks, and authorize their transfer to CB Franchising or any new franchisee as may be directed by CB Franchising, and Franchisee hereby irrevocably appoints CB Franchising, with full power of substitution, as its true and lawful attorney-infact, which appointment is coupled with an interest; to execute such directions and authorizations as may be necessary or appropriate to accomplish the foregoing; and
(iv) cease doing business under any of the Marks.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, the "Marks" are defined as the trade name and logo displayed on the Summary Page of the franchise agreement, along with any other trade names, trademarks, service marks, and logos that Chocolate Bash specifies for use in the Chocolate Bash business.
As a Chocolate Bash franchisee, you are only authorized to use the Marks that Chocolate Bash specifies and in the manner that Chocolate Bash requires. You have no rights to the Marks other than using them to operate your Chocolate Bash business in compliance with the franchise agreement. All use of the Marks and any associated goodwill will exclusively benefit Chocolate Bash.
Chocolate Bash retains the right to add, modify, or discontinue any Marks used within the Chocolate Bash system. If any changes occur, you, as the franchisee, must comply with these changes at your own expense within a reasonable timeframe after Chocolate Bash implements them. Upon termination or expiration of the franchise agreement, you must cease doing business under any of the Marks and notify all relevant entities (telephone, internet, etc.) of the termination of your right to use any numbers, addresses, domain names, or listings associated with the Marks, transferring them to Chocolate Bash or a new franchisee as directed by Chocolate Bash.