What is a Cicis franchisee required to do regarding any infringement, challenge, or claim concerning any of the Marks?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any infringement of the Marks or of any challenge to the use of any of the Marks or claim by any person of any rights in any of the Marks. You and your Controlling Principals must agree not to communicate with any person other than us and our counsel about any such infringement, challenge or claim. We have sole discretion to take any action we deem appropriate and the right to exclusively control any litigation or USPTO (or other) proceeding arising out of any infringement, challenge, or claim concerning any of the Marks. You must execute all instruments and documents and give us any assistance that in our counsel's opinion may be necessary or advisable to protect and maintain our interests in any such litigation or proceeding or to otherwise protect and maintain our interest in the Marks.
You may not use any of the Marks as part of your corporate or other legal name. You must also follow our instructions for identifying yourself as a franchisee and for filing and maintaining the requisite trade name or fictitious name registrations. You must execute any documents we or our counsel determine are necessary to obtain protection for the Marks or to maintain their continued validity and enforceability. Neither you nor your Controlling Principals may take any action that would prejudice or interfere with the validity of our rights in the Marks. You may not contest the validity of our interest in the Marks or assist anyone else to do so.
Source: Item 13 — TRADEMARKS (FDD pages 41–42)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, a franchisee must immediately inform Cicis of any infringement of the Marks, challenges to their use, or claims by others regarding rights in the Marks. The franchisee and their Controlling Principals are prohibited from communicating with anyone other than Cicis and its counsel about such matters. Cicis retains sole discretion over any action taken and has the exclusive right to control any litigation or proceedings arising from these issues.
Furthermore, the franchisee is obligated to execute all necessary documents and provide any assistance that Cicis's counsel deems necessary to protect and maintain Cicis's interests in any litigation or proceeding related to the Marks. This includes actions to protect and maintain Cicis's interest in the Marks generally.
The franchisee is also prohibited from using the Marks as part of their corporate or legal name and must adhere to Cicis's instructions for identifying themselves as a franchisee, including filing and maintaining required trade name or fictitious name registrations. Franchisees must execute any documents Cicis or its counsel deem necessary to protect the Marks. Franchisees and their Controlling Principals are barred from any action that could harm the validity of Cicis's rights in the Marks and cannot contest the validity of Cicis's interest in the Marks or assist others in doing so. These stipulations are fairly standard in franchising, as the protection of brand trademarks is crucial for maintaining consistency and preventing consumer confusion across all franchise locations.