Does the Cicis franchise agreement grant the franchisee exclusive rights to use the Marks?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
Agreements Regarding the Marks.
You understand, acknowledge and agree that:
- (1) The license to use the Marks is derived entirely from this Agreement and is non-exclusive except and only to the extent we expressly agree in this Agreement not to use or permit the use of the Marks.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, the franchise agreement grants a non-exclusive license to use the Marks, except to the extent that Cicis expressly agrees not to use or permit the use of the Marks. This means that while franchisees are authorized to use Cicis' trademarks and branding, the agreement does not prevent Cicis from using the Marks themselves or allowing others to use them, except as explicitly stated in the agreement.
This non-exclusive arrangement has several implications for a prospective Cicis franchisee. Cicis retains the right to establish and operate Cicis Restaurants identified by the Marks outside of a franchisee's protected area, including locations adjacent or proximate to it. Cicis can also establish and operate restaurants under other trade names, service marks, and trademarks at any location within or outside of the Protected Area. Furthermore, Cicis has the right to offer and sell any similar or dissimilar products and services, whether identified by the Marks or by other trademarks, through any channel or by any method of distribution other than a full-service Cicis Restaurant.
Cicis also retains control over its website and branded email addresses. They have sole discretion and control over the Cicis Website, including its timing, design, contents, and continuation. Cicis reserves the right to require franchisees to obtain and use an email address associated with their registered domain name, with unrestricted access to all such email accounts. These stipulations ensure that Cicis maintains brand consistency and control across all digital platforms.
In summary, while franchisees are granted the right to use Cicis' Marks to operate their restaurants, these rights are not exclusive. Cicis retains broad authority to use its branding and trademarks in various ways, including through other restaurant concepts, alternative distribution channels, and digital platforms. Prospective franchisees should carefully consider these factors and how they might impact their business operations and market competition.