Under the Churchs Chicken Franchise Agreement, where are franchisees permitted to use the Proprietary Marks?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant you the right under the Franchise Agreement to operate the Restaurant under the System and the Proprietary Marks. You must use the Proprietary Marks only at the Restaurant and only in the way we specify in the Franchise Agreement, Manuals or otherwise in writing. If you use the Proprietary Marks in any other way, you may be in violation of the Franchise Agreement and you may also be infringing on our trademarks and service marks.
The Development Agreement does not grant any license to use the Proprietary Marks or System.
Source: Item 13 — TRADEMARKS (FDD pages 45–47)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, franchisees are granted the right to operate their restaurant under the Churchs Chicken system and its Proprietary Marks, but this use is explicitly restricted to the restaurant's location. The use of these marks must align with the specifications outlined in the Franchise Agreement, the manuals, or other written directives from Churchs Chicken. Any deviation from these guidelines could constitute a breach of the Franchise Agreement and an infringement on Churchs Chicken's trademarks and service marks.
This stipulation ensures that the Proprietary Marks, which include names like "Church's Chicken" and "Church's Texas Chicken", are consistently and correctly used to maintain brand uniformity and protect the brand's reputation. Franchisees cannot use the Proprietary Marks in any manner they see fit; instead, they must adhere to Churchs Chicken's prescribed usage. This includes advertising materials, restaurant signage, and any other representation of the brand.
The Franchise Agreement also clarifies that the Development Agreement does not grant any license to use the Proprietary Marks or the Churchs Chicken system. This means that even if a franchisee has a Development Agreement to open multiple Churchs Chicken restaurants, they cannot use the Proprietary Marks until they have a fully executed Franchise Agreement for each specific location. This protects Churchs Chicken's brand identity and ensures that only authorized and properly trained franchisees represent the brand.
In practical terms, a prospective Churchs Chicken franchisee must understand that their right to use the brand's trademarks is limited to the physical location of their restaurant and must be in accordance with Churchs Chicken's guidelines. They cannot use the trademarks for any other business ventures or outside the scope of their franchised restaurant without explicit written consent from Churchs Chicken. This controlled use of Proprietary Marks is a common practice in franchising to maintain brand consistency and protect the franchisor's intellectual property.