Does Cicis have a federal registration for the trademark as shown on the cover page with the combination of the circular symbol, the word 'CICIS,' and the word 'pizza'?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
The following language applies to the Mark shown on the cover page of this Disclosure Document: While we have trademark registrations for the circular symbol and the word "CICIS," we do not have a federal registration for the Mark as shown on the cover page with the combination of those two elements and the word "pizza." Therefore, that trademark in that form does not have as many legal benefits and rights as a federally registered trademark. If our right to use the trademark in that form is challenged, you may have to change to an alternative trademark, which may increase your expenses.
The service mark "CiCi's" is registered in the State of Texas under Registration Number 051349. The date of that registration is October 25, 1991.
There are no presently effective determinations of the USPTO, the trademark trial and appeal board, the trademark administrator of any state or any court, nor any pending infringement, opposition, or cancellation proceeding, nor any pending litigation involving the Marks which is relevant to its ownership, use or licensing. CiCi Enterprises has filed all required affidavits with the USPTO.
Pursuant to the Trademark Assignment Agreement dated March 10, 2021, CiCi Enterprises assigned its ownership interest in the Marks to Yes Caps. Under the Trademark License
Agreement, dated March 10, 2021 (the "License Agreement"), Yes Caps has granted us a license to use and sublicense the use of the Marks. The License Agreement has a perpetual term and can be terminated on 60 days' notice (resulting in the loss of our right to use and to sublicense the use of the Marks). Your rights to use the Marks during the current term of your Franchise Agreement will not be affected by the termination or expiration of our license. We would not be able to grant additional licenses of the Marks after expiration or termination of our license.
We will indemnify you against all damages for which you are held liable in any proceeding resulting from your use of any of the Marks, so long as your conduct and the conduct of your Controlling Principals in the proceeding and in the use of the Marks is in full compliance with the terms of the Franchise Agreement. Other than this, we are not obligated to protect your rights to use the Marks or to protect you against claims of infringement or unfair competition.
Source: Item 13 — TRADEMARKS (FDD pages 41–42)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, while Cicis possesses trademark registrations for the circular symbol and the word "CICIS" individually, it does not have a federal registration for the specific combination of these elements with the word "pizza" as it appears on the cover page of the FDD. This means that Cicis does not have the full legal protection for that particular trademark combination that a federal registration would provide.
For a prospective Cicis franchisee, this lack of federal registration carries potential risks. If Cicis's right to use this specific trademark combination is challenged, franchisees might be required to switch to an alternative trademark. This change could lead to increased expenses for the franchisee, such as new signage, marketing materials, and other branding updates.
Cicis does have several registered trademarks with the U.S. Patent and Trademark Office, including "CICI'S" registered on September 1, 1992 (registration number 1,712,523), January 28, 2003 (registration number 2,680,694), and "CICIS" registered on November 1, 2016 (registration number 5,073,041), April 4, 2017 (registration number 5,177,284), and June 12, 2018 (registration numbers 5,492,555 and 5,492,556), and May 14, 2019 (registration number 5,751,377). These registrations offer legal protection for those specific marks. Cicis also has a service mark registered in the State of Texas for "CiCi's" under Registration Number 051349, with a registration date of October 25, 1991.
Cicis states that they will indemnify franchisees against damages resulting from the use of any of the marks, 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 or protect them against claims of infringement or unfair competition beyond this indemnification. Franchisees are required to notify Cicis immediately of any trademark infringements or challenges and must follow Cicis's instructions regarding trade name and fictitious name registrations.