What actions are Cinnaholic franchisees prohibited from taking that could negatively impact the franchisor's rights or reputation?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee's right to use the Marks is limited to such uses as are authorized under this Agreement, and any unauthorized use thereof shall constitute an infringement of Franchisor's rights.
- (ii) Only use the Marks for the operation of the Bakery and only at the Franchised Site, or in advertising for the business conducted at or from the Franchised Site.
Franchisee may not use any of the Marks in any part of any domain name or electronic address or any similar proprietary or common carrier electronic delivery system.
Franchisee will not seek to register, or assert any claim of ownership or usage rights to, any domain name or electronic address incorporating any of the Marks or any names confusingly similar to the Marks.
Franchisee agrees, at the request of Franchisor, to take all necessary steps to assign to Franchisor all rights in or to such domain names and electronic addresses (and any registrations for the foregoing) that Franchisee may acquire.
(iii) Operate and advertise the Bakery only under the name "CINNAHOLIC®" or such other Marks as Franchisor may designate from time to time, without prefix or suffix, except to describe the location of the Bakery.
(iv) If Franchisee is a corporation, limited liability company, partnership or other type of entity, not use any of the Marks, including, without limitation, the name "CINNAHOLIC®" in its corporate or other legal name without the prior express written consent of Franchisor.
(v) Not permit the use of any trade names, trademarks or service marks at the Bakery or the Franchised Site other than the Marks.
(vi) If state or local laws or ordinances require that Franchisee file an affidavit of doing business under an assumed name or otherwise file a report or other certificate indicating that CINNAHOLIC® or any similar name is being used as a fictitious or assumed name, include in such filing or application therefor an indication that the filing is made as a franchisee of CINNAHOLIC Franchise, LLC, a Georgia limited liability company, Atlanta, Georgia.
(vii) Have the symbol TM, SM or R enclosed in a circle or such other symbols or words as Franchisor may designate to protect the Marks on all surfaces where the Marks appear.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, franchisees must adhere to several restrictions to protect the brand's reputation and the franchisor's rights. These include limitations on using Cinnaholic's trademarks and trade names. Franchisees can only use the marks for operating their bakery at the approved location or in advertising for that specific location. They cannot incorporate any of Cinnaholic's marks into domain names or electronic addresses.
Cinnaholic franchisees must operate and advertise their bakery solely under the name "CINNAHOLIC®" or other designated marks, without any unauthorized prefixes or suffixes, except to describe the bakery's location. If the franchisee is a corporation, LLC, partnership, or other entity, they cannot use the Cinnaholic name in their legal name without prior written consent from the franchisor. Franchisees are also prohibited from using any trade names, trademarks, or service marks at the bakery other than those authorized by Cinnaholic.
Moreover, if state or local laws require franchisees to file an affidavit for doing business under an assumed name, they must indicate in the filing that they are a franchisee of Cinnaholic Franchise, LLC. Franchisees must also include the appropriate trademark symbols on all surfaces where the marks appear. These measures ensure consistent branding and prevent any misuse of Cinnaholic's intellectual property, which could otherwise harm the brand's reputation and the franchisor's legal rights.