Is a Cinnaholic franchisee allowed to use marks other than those designated by the franchisor?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
s designee title to all such names or marks (other than the Marks) which Franchisee may have used during the term of this Agreement or any renewal or extension thereof in connection with the operation of the Bakery. Franchisee hereby acknowledges that Franchisor owns and controls the CINNAHOLIC® System and all of its components.
- 15.2. Use of the Marks. In order to protect the Marks, the CINNAHOLIC® System, and the goodwill associated therewith, Franchisee shall, unless Franchisor otherwise consents in writing:
- (i) Only use the Marks designated by Franchisor, and only in the manner authorized and permitted by Franchisor. 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.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, franchisees are generally not allowed to use any trade names, trademarks, or service marks other than those designated by Cinnaholic. The franchisee must operate and advertise the bakery only under the name "CINNAHOLIC®" or other marks that Cinnaholic may designate from time to time, without any prefix or suffix, except to describe the location of the bakery. If the franchisee is a corporation, limited liability company, partnership, or other type of entity, they cannot use any of the marks, including the name "CINNAHOLIC®" in its corporate or other legal name without prior express written consent from Cinnaholic.
To protect the marks and associated goodwill, franchisees must only use the marks designated by Cinnaholic and only in the manner authorized and permitted by Cinnaholic. The franchisee's right to use the marks is limited to the uses authorized under the Franchise Agreement, and any unauthorized use constitutes an infringement of Cinnaholic's rights. Franchisees are also required to include specific symbols (TM, SM, or R enclosed in a circle) or other designated symbols to protect the marks on all surfaces where the marks appear.
These restrictions are typical in franchising, as they ensure brand consistency and protect the franchisor's intellectual property. A prospective Cinnaholic franchisee should be aware that strict adherence to these guidelines is essential and that any deviation could result in legal repercussions. Franchisees must also promptly notify Cinnaholic of any suspected unauthorized use of the marks or any challenges to their validity.