What are 'Marks' referring to in the context of a Cicis franchise agreement?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant franchises for the development, ownership, and operation of restaurants (each, a "Cicis Restaurants") that are identified by and use names, trademarks, service marks, commercial symbols, and trade dress (including exterior and interior designs, décor, and color schemes) that we authorize, from time to time (collectively, the "Marks"), and that feature foods (currently pizza, pastas, salads, desserts, and other food items) and related items. Cicis Restaurants are developed and operated using specified systems, operating platforms, service methods, products and services, we and our affiliates may, at our and their option, change, delete, improve, and further develop from time to time (the "System"). There are two types of Cicis Restaurants: (i) dine-in buffet restaurants ("Cicis Buffet Restaurants"), and (ii) take-out/delivery only restaurants ("Cicis To Go Restaurants").
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, the term "Marks" collectively refers to the names, trademarks, service marks, commercial symbols, and trade dress (including exterior and interior designs, décor, and color schemes) that Cicis authorizes for use in identifying and operating Cicis Restaurants. These Marks are part of the System that franchisees are licensed to use.
As a Cicis franchisee, you are granted the right and obligation to use these Marks to develop, own, and operate your Restaurant, but only in accordance with the Franchise Agreement. Cicis retains ownership and control over these Marks, and franchisees must adhere to specific guidelines regarding their use. This includes operating and advertising the Restaurant under the name "Cicis" (unless otherwise authorized), properly identifying themselves as independent owners, and refraining from using the Marks to incur obligations on behalf of Cicis.
The Franchise Agreement also restricts franchisees from registering Internet domain names that are similar to Cicis's brand names and from using the Marks in any electronic medium in a way that could be confused with Cicis itself. These stipulations are in place to protect the brand's identity and prevent any potential consumer confusion. Furthermore, upon termination of the franchise agreement, the franchisee must de-identify the premises as a Cicis Restaurant, which includes removing any signs, decor, and materials displaying the Marks.
Overall, the definition and usage guidelines of the Marks are crucial for maintaining brand consistency and protecting Cicis's intellectual property. Prospective franchisees should carefully review these terms in the Franchise Agreement to fully understand their rights and obligations regarding the use of the Cicis brand.