Which sections of the Cicis Franchise Agreement address trademarks and proprietary information?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 1: The Franchisor and any Parents, Predecessors, and Affiliates]
Except as described above, we have no parents, predecessors, or affiliates required to be disclosed in this Item 1.
The Franchise
We offer franchises to develop, own and operate Cicis Restaurants that are identified by and use specified 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 are developed and operated using specified systems, operating platforms, service methods, products and services, which we and our affiliates may change or update from time to time (collectively, the "System").
[Item 14: PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION]
ITEM 14 PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION
We do not own any patents that are material to the franchise. We do claim copyright protection and proprietary rights in the original materials used in the System, including our Manuals, recipes, bulletins, correspondence and communications with our franchisees, training, advertising and promotional materials, and other written materials relating to the operation of the Restaurants and the System.
You and your Owners and personnel may from time to time be provided with or otherwise be exposed to certain non-public information about the System and the operation of Cicis Restaurants, including your Cicis Restaurant (some, but not all of which may be "trade secrets" under applicable law), that we consider and protect as confidential (regardless of whether they are marked as such),
[Item 22: CONTRACTS]
FRANCHISE AGREEMENT
This Franchise Agreement ("Agreement") is made as of the Effective Date identified on Attachment A hereto by and between On Smile LLC, a Delaware limited liability company whose address is 13355 Noel Road, Suite 1645, Dallas, TX 75240 ("us"), and the Person (as defined below) identified as the "Franchisee" on Attachment A ("you").
RECITALS
- A. 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 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 28–31)
What This Means (2025 FDD)
According to the 2025 Cicis FDD, several sections of the Franchise Agreement address trademarks and proprietary information. Item 1 of the FDD indicates that Cicis franchises use specified names, trademarks, service marks, commercial symbols, and trade dress authorized by Cicis. These trademarks and symbols are collectively referred to as the "Marks." The restaurants also operate using specified systems and methods, collectively known as the "System."
Item 14 further clarifies that Cicis claims copyright protection and proprietary rights in original materials used in the System. These materials include manuals, recipes, bulletins, training, and advertising materials. Franchisees and their personnel may also be exposed to non-public, confidential information about the System, including growth plans, site selection criteria, training materials, System Standards, specifications for vendors, proprietary software, customer data, and operating results. This information is protected by Cicis as Confidential Information.
Item 22 references that Cicis grants franchises that are identified by and use names, trademarks, service marks, commercial symbols, and trade dress (the "Marks"). It also mentions that Cicis Restaurants are developed and operated using specified systems and methods (the "System"). These mentions in Items 1, 14, and 22 highlight the importance of trademarks and proprietary information in the Cicis franchise system and the franchisee's obligations to protect them.