What does the term 'Proprietary Marks' refer to in the Churchs Chicken franchise agreement?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. The term "Proprietary Marks" means all words, symbols, insignia, devices, designs, trademarks, trade names, service marks or combinations thereof, designated by Cajun as identifying the System and the products sold and services provided in connection with the System.
Cajun 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.
- B. Franchisee's right to use the Proprietary Marks under this Agreement is limited to its use of the Proprietary Marks in the operation of the Franchised Restaurant at the Franchised Location and as expressly provided in this Agreement and the Manual.
Franchisee shall not use the Proprietary Marks on any vehicles without Cajun's prior approval.
Franchisee shall not use the Proprietary Marks or any variations of the Proprietary Marks or marks or names confusingly similar to the Proprietary Marks in any manner not authorized by Cajun or in any corporate, limited liability company or partnership name and shall not use any other trade names, service marks or trademarks in conjunction with the Franchised Restaurant.
If local laws or ordinances require that Franchisee file an affidavit of doing business under an assumed name or otherwise make a filing indicating that the Proprietary Marks are being used as a fictitious or assumed name, Franchisee shall include in such filing or application an indication that the filing is made "as a franchisee of Cajun Global LLC".
Franchisee shall use the symbol ® with all registered Proprietary Marks and the symbol ™ with all pending registrations or other marks.
- C. Franchisee shall not use the Proprietary Marks or any variations of the Proprietary Marks as part of any Internet domain name, electronic mail address, social networking profile, directory listing, screen name, blog, vlog, email account or other electronic identifier or in the operation of any Internet web site without Cajun's prior consent.
Source: Item 23 — RECEIPT (FDD pages 68–406)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, the term "Proprietary Marks" encompasses all identifiers of the Churchs Chicken system. This includes words, symbols, insignia, devices, designs, trademarks, trade names, and service marks, or any combination thereof, that Cajun (Churchs Chicken's parent company) designates as identifying the system, its products, and services.
For a prospective franchisee, this means that the branding elements that distinguish Churchs Chicken are legally protected and controlled by Cajun. Franchisees are granted a limited right to use these marks specifically for operating their franchised restaurant at the designated location, as outlined in the franchise agreement and operations manual. Churchs Chicken 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.
The agreement strictly limits how franchisees can use the Proprietary Marks. Franchisees cannot use the marks on vehicles without prior approval from Churchs Chicken. They are also prohibited from using the marks, variations of them, or confusingly similar marks in any unauthorized manner, including in corporate names or in conjunction with other trade names. Franchisees must include a specific indication in any required filings that they are using the marks as a franchisee of Cajun Global LLC. Furthermore, franchisees must use the appropriate symbols (® for registered marks and ™ for pending registrations) with all Proprietary Marks.
The restrictions extend to the digital realm as well. Without prior consent from Churchs Chicken, franchisees cannot use the Proprietary Marks or any variations of them as part of any Internet domain name, email address, social networking profile, or other electronic identifier. This ensures that Churchs Chicken maintains control over its brand identity across all platforms and channels.