Is a Cinnabon franchisee allowed to use the Marks in advertising related to the Franchised Business?
Cinnabon Franchise · 2025 FDDAnswer from 2025 FDD Document
currently $30 for each excessive complaint or each complaint or contact request that you do not timely respond to. We may change the fee, time period for responding to complaints, and number of complaints deemed to be excessive from time to time, provided that the fee may not change in any year by more than the Allowed Adjustment.
9. INTELLECTUAL PROPERTY
9.1 Marks.
A. Acknowledgements. You acknowledge that we or our affiliates are the owner of the Marks, that you have no interest in the Marks beyond the non-exclusive license granted herein, and that, as between we and you, we have the exclusive right and interest in and to the
Marks and the goodwill associated with and symbolized by them. Upon the expiration or termination of this Agreement, no monetary amount will be attributable to goodwill associated with your activities as a franchisee under this Agreement.
- B. Rights. Your right to use the Marks applies only to the Franchised Business operated at the Accepted Location as expressly provided in this Agreement, including advertising related to the Franchised Business. You may only use in your Franchised Business the Marks we designate, and only in compliance with written rules that we prescribe from time to time. Your limited license extends only to use of the Marks in accordance with (i) all applicable standards, operating procedures, policies, and guidelines that we prescribe—and from time to time amend during the duration of this Agreement, including those set forth in the Manuals and any other publications, if any, dedicated to proper use of the Marks; and (ii) all applicable Laws pertaining to advertising and marketing, including federal and state laws pertaining to telemarketing (including the Telephone Consumer Protection Act (the "TCPA")), false advertising, unfair competition and unfair practices. You may not use any Mark or any words or designations similar to the Marks (i) as part of any corporate or legal business name, (ii) with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos we have licensed to you), (iii) in selling any unauthorized services or products, (iv) as part of any domain name, electronic address, metatag, search engine keyword, social media account, or otherwise in connection with any website or other electronic medium without our consent, or (v) in any other manner we have not expressly authorized in writing. No materials on which any of the Marks appears will be used by you without our prior written approval, which may be revoked at any time upon reasonable notice to you. You must display the Marks in a manner that we specify on signage at the Franchised Business and on forms, advertising, supplies, employee uniforms, business cards, and other materials we designate.
- 9.2 Copyrights. You acknowledge that as between you and us, any and all present or future copyrights relating to the System or the Business concept, including the Manuals (including the Supplements); the Recipes; our building designs, architectural renderings, and construction plans; and certain forms, advertisements, images, art, photography, promotional materials, and other written materials that we produce (collectively, the "Copyrights") belong solely and exclusively to us or our affiliates. You have no interest in the Copyrights beyond the non-exclusive license granted in this Agreement. Your use of the Copyrights inures to our benefit.
- 9.3 No Contesting Our Rights. During the Term and after its expiration or termination, you agree not to directly or indirectly contest our or our affiliates' ownership, title, right or interest in or to, or our license to use, or the validity of, (i) the Marks, (ii) the Copyrights, (iii) the Recipes, or (iv) any Trade Secrets (defined below), methods, or procedures that are part of the System (collectively, the "Intellectual Property"), or contest our sole right to register, use, or license others to use the Intellectual Property.
- 9.4 Changes to the Intellectual Property.
Source: Item 23 — Receipts (FDD pages 114–399)
What This Means (2025 FDD)
According to the 2025 Cinnabon Franchise Disclosure Document, a franchisee's right to use Cinnabon's Marks extends to advertising related to their Franchised Business, but only at the Accepted Location. However, this use is strictly controlled. Franchisees can only use the Marks that Cinnabon designates and must adhere to Cinnabon's written rules, which may be updated periodically. This includes following all standards, operating procedures, policies, and guidelines outlined in the manuals and other publications dedicated to the proper use of the Marks.
Furthermore, Cinnabon franchisees must comply with all applicable laws pertaining to advertising and marketing, including federal and state laws related to telemarketing, false advertising, unfair competition, and unfair practices. Franchisees are prohibited from using the Marks in ways not expressly authorized in writing by Cinnabon, such as in corporate or business names, with unauthorized modifications, in selling unauthorized services or products, or in domain names and social media accounts without consent.
Before using any materials displaying the Marks, a Cinnabon franchisee must obtain prior written approval from Cinnabon, which can be revoked at any time. This ensures that all advertising and promotional content aligns with Cinnabon's standards and policies. Unless Cinnabon provides the advertising content, franchisees must submit their proposed advertising and promotional materials for written approval before use. Cinnabon retains the right to approve or disapprove any content and can require franchisees to discontinue using any advertising material for any reason.