Does the Cicis Development Agreement grant any rights to operate under the Cicis trademarks?

According to Cicis's 2025 Franchise Disclosure Document, the Development Agreement does not grant any rights to operate under the Cicis trademarks. Instead, the Franchise Agreement provides the franchisee with a license to operate a Cicis Restaurant under the trademarks "CICIS" or "CICIS PIZZA" and to use any Marks that Cicis authorizes.

This distinction is important for prospective franchisees because the Development Agreement typically outlines the area and schedule for opening new Cicis locations, while the Franchise Agreement covers the actual operation of a restaurant. Therefore, while the Development Agreement allows a franchisee to develop Cicis restaurants, it does not grant the right to use Cicis's trademarks until a Franchise Agreement is in place for a specific location.

Cicis also has several registered trademarks with the U.S. Patent and Trademark Office, including "CICI'S" and "CICIS". These registrations provide legal protection for the brand and its identity. However, Cicis does not have a federal registration for the specific mark that combines the circular symbol, the word "CICIS," and the word "pizza" as it appears on the cover page of the FDD. This means that Cicis has fewer legal benefits and rights for that particular mark, and franchisees might have to change to an alternative trademark if the current one is challenged, potentially increasing their expenses.

Cicis also states that they will indemnify franchisees against damages resulting from the use of their trademarks, provided the franchisee's conduct fully complies with the Franchise Agreement. However, Cicis is not obligated to protect the franchisee's rights to use the Marks beyond this indemnification or to protect them against claims of infringement or unfair competition.