What section of the Cicis Franchise Disclosure Document discusses the use of marks?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
dress, you must do so according to our then-current System Standards. You acknowledge and agree that we will have unrestricted access to all such e-mail accounts, and all documents, data, materials, and messages shared from or by such accounts. We may deactivate any such account or limit your or your users' access to it at any time. You acknowledge and agree that you will use such e-mail address only in connection with the operation of your Restaurant and in compliance with all Laws.
8. MARKS
A. 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.
- (2) As between us and you, we or our affiliates are the owner of all right, title, and interest in and to the Marks and the goodwill associated with and symbolized by them. You agree that you and your Owners, officers, directors, employees, contractors, and other representatives will not take (or encourage or assist anyone else to take) any action that would challenge, prejudice or interfere with our and our affiliates' rights with respect to the Marks. Nothing in this Agreement gives you any right, title, or interest in or to any of the Marks or copyrights, or our or our affiliates' other proprietary and intellectual property, except the right to use them as and to the extent expressly granted in, and in strict compliance with the terms and conditions of, this Agreement. Any unauthorized use of any of the foregoing is a knowing infringement of our and our affiliates' rights therein and a breach of this Agreement.
- (3) All goodwill arising from your use of the Marks and the System will inure solely to our and our affiliates' benefit, and on expiration or termination of this Agreement, no monetary amount will be attributable to any goodwill associated with your use of the Marks.
- (4) You will provide us with all assignments, affidavits, documents, information, and assistance we reasonably request to fully vest in us all such rights, title, and interest in and to the Marks, including all such items as are reasonably requested by us to register, maintain, and enforce such rights.
- (5) We reserve the right, in our discretion, to add to, modify, and discontinue any Marks that you use in or to identify your Restaurant or any goods or services offered therein, and you agree, at your expense, to comply with our directions in that regard.
B. Use of the Marks. With respect to your use of the Marks licensed pursuant to this Agreement:
- (1) Unless we otherwise authorize or require, you will operate and advertise your Restaurant only under the name "Cicis" without prefix or suffix. However, you will not sign any legal documents or contracts referring to you simply as "Cicis." You will not use the Marks as part of your corporate or other legal name.
- (2) You must, at all times, identify yourself as the independent owner of your Restaurant and not do anything to indicate that you are our affiliate, including uses on invoices, order forms, receipts, and contracts. At a minimum, you must display a notice to that effect, in such content and form and at such conspicuous locations as we may designate from time to time.
(3) You will not use the Marks to incur any obligation or indebtedness on our behalf.
(4) You will use the trade name we assign to your Restaurant and will comply with all applicable Laws related to the filing of trade name or fictitious name registrations. You will also execute any documents we deem necessary to obtain protection of the Marks or to maintain their continued validity and enforceability.
(5) We or our affiliates are the lawful, rightful, and sole owner of the Internet domains named "www.cicispizza.com," "www.cicis.com," and any other Internet domain names we register, and you hereby unconditionally disclaim any ownership interest in those or any colorably similar Internet domain name. You will not register any Internet domain name in any class or category that contains words used in or similar to any brand name we or our affiliates own or any abbreviation, acronym, phonetic variation, or visual variation of those words.
(6) You will not use the Marks or any abbreviation or other name associated with us or the System as part of any e-mail address, domain name, or other identification of you in any electronic medium. You will not transmit or cause any other party to transmit advertisements or solicitations by e-mail or other electronic media without first obtaining our written consent as to the content of such e-mail advertisements or solicitations as well as your plan for transmitting such advertisements.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, Item 22, which covers contracts, contains information regarding the use of the brand's marks. Specifically, sections A and B within Item 22 detail the agreements and stipulations surrounding the use of Cicis' trademarks, service marks, and other commercial symbols. This section clarifies that the franchisee's right to use the marks is derived from the Franchise Agreement and is generally non-exclusive. Cicis retains ownership of all rights, titles, and interests in the marks and associated goodwill. Franchisees are prohibited from taking any actions that could undermine Cicis' rights to these marks.
These sections of the FDD outline the specific ways in which a franchisee can and cannot use the Cicis marks. For example, franchisees must operate and advertise their restaurant under the name "Cicis" unless otherwise authorized, but they cannot use the marks as part of their legal corporate name. Franchisees must also identify themselves as independent owners and avoid implying affiliation with Cicis on legal documents or contracts. The agreement also covers the use of internet domain names and email addresses, prohibiting franchisees from registering domain names similar to Cicis' brands or using the marks in their email addresses.
These stipulations are typical in franchise agreements to protect the franchisor's brand identity and intellectual property. Cicis maintains control over its brand by restricting how franchisees use its marks, ensuring consistent branding across all locations. This control extends to the right to add, modify, or discontinue any marks used by the franchisee, requiring the franchisee to comply with these changes at their own expense. The franchisee acknowledges that all goodwill generated from the use of the marks benefits Cicis, and no monetary value is attributed to this goodwill upon termination of the agreement.