Does the Cinnaholic FDD mention any agreements that limit the right to use or license the use of the mark?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
All required affidavits for the principal Marks have been filed. There are no currently effective determinations of the USPTO, Trademark Trial and Appeal Board, the Trademark Administrator of any state, or any court; nor is there any pending infringement, opposition or cancellation proceedings, or material litigation, involving the Mark listed above. No agreements limit our right to use or license the use of the Mark.
You must follow the Franchise Agreement, the Operations Manual, our specifications, and directives when you use the Mark. The Mark is the only mark you may use to identify the Bakery. You may not use any Mark as part of any corporate or trade name or as part of any domain name or electronic address you maintain on the Internet, the worldwide web, or any other similar proprietary or common carrier electronic delivery system unless we expressly authorize you to do so in writing. You may not use the Mark in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us. Your use of the Mark and any goodwill is to our exclusive benefit and you retain no rights in the Mark other than a license to use the Mark during the terms of the Franchise Agreement. You are not permitted to make any changes of any kind in or to the use of the Mark unless we permit.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to the 2025 Cinnaholic Franchise Disclosure Document, there are no agreements that limit Cinnaholic's right to use or license the use of their marks. Cinnaholic grants franchisees the non-exclusive right to operate a bakery under the Cinnaholic name and to use other authorized marks.
The FDD specifies that franchisees must adhere to the Franchise Agreement, Operations Manual, specifications, and directives when using the Cinnaholic mark. Franchisees are restricted from using the mark as part of any corporate or trade name, domain name, or electronic address without express written authorization from Cinnaholic. Additionally, the mark cannot be used in connection with unauthorized products or services. Franchisees' use of the mark and any associated goodwill benefit Cinnaholic exclusively, and franchisees only retain a license to use the mark during the term of the Franchise Agreement.
Cinnaholic requires franchisees to promptly report any unauthorized use of the mark or challenges to its validity. Cinnaholic has the right to take appropriate action and control any related litigation or administrative proceedings. The FDD also states that Cinnaholic will defend franchisees against third-party claims arising from their use of the mark, provided that the franchisee has used the mark in accordance with the Franchise Agreement. Franchisees may be required to modify or discontinue the use of a mark if instructed by Cinnaholic, and they are responsible for the tangible costs of compliance, such as changing signs.