Besides operating a Cinnabon Franchised Business at the Accepted Location, under what circumstances can I use the Marks or the System at another location?
Cinnabon Franchise · 2025 FDDAnswer from 2025 FDD Document
in consideration of the foregoing promises and the covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. GRANT OF FRANCHISE
- 1.1 Grant of Franchise. Subject to the terms of this Agreement, we grant to you, and you accept, a non-exclusive license to operate one Business using the Marks and the System (collectively, your "Franchised Business"). The Franchised Business will be operated only at the location specified in Schedule A (the "Accepted Location") or, if we have not yet accepted a site for the Franchised Business as of the date of this Agreement, at a location that we have accepted in accordance with this Agreement within the geographic area specified in Schedule A (the "Site Selection Area").
- 1.2 Restrictions. You have no right to (i) sublicense the Marks or the System to any other person or Entity (as defined below), (ii) use the Marks or the System at any location other than the Accepted Location, except as otherwise provided in Section 4.3 (Catering Services and Delivery Services) or as otherwise approved in writing, or (iii) to use the Marks or the System in any wholesale, e-commerce, or other channel of distribution besides the operation of the Franchised Business at the Accepted Location.
- 1.3 Acceptance of License. You hereby accept the license granted in Section 1.1 (Grant of Franchise) and agree to operate the Franchised Business according to the provisions of this Agreement for the entire Term, as defined in Section 2.2 (Renewal Term).
1.4 Ownership and Guaranty.
- A. Owners of Equity. If you are a corporation, limited liability company, partnership, or other entity (collectively, an "Entity"), all of your owners of a legal and/or beneficial interest in the Entity, as such owners may be added or removed from time to time in accordance with Section 16 (Transfer) (the "Owners") must execute the "Personal Covenants" that is attached in Schedule B (the "Personal Covenants") and the "Guaranty of Payment and Performance" that is attached in Schedule C (the "Guaranty").
Source: Item 23 — Receipts (FDD pages 114–399)
What This Means (2025 FDD)
According to the 2025 Cinnabon FDD, a franchisee's right to use Cinnabon's Marks and System is generally restricted to the Accepted Location specified in Schedule A of the franchise agreement. However, there are exceptions where you may be able to use the Marks and the System at another location.
One exception is outlined in Section 4.3, which pertains to Catering Services and Delivery Services. The FDD also states that using the Marks and the System at another location is permissible if it is otherwise approved in writing by Cinnabon.
For Swirl Businesses, the Franchised Business must be operated at the Accepted Location in conjunction with a Carvel franchised business. The franchise agreement specifies that the franchisee and owners must be identical to those under the Co-Branded Agreement with Carvel. This co-branding arrangement allows the use of Cinnabon's Marks in conjunction with Carvel's trademarks, primarily identified by the CINNABON SWIRL™ Mark and trade dress.