Is a Cinnaholic franchisee permitted to make changes to the mark without permission?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Cinnaholic's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from making any alterations to the brand's trademarks without prior authorization from Cinnaholic. The FDD emphasizes that franchisees must adhere strictly to the guidelines outlined in the Franchise Agreement, Operations Manual, and any specific directives issued by Cinnaholic when utilizing the trademarks. This restriction ensures brand consistency and quality control across all franchise locations.
The document specifies that the trademarks are the sole identifiers authorized for use in connection with the Cinnaholic bakery. Franchisees are further restricted from incorporating any trademark elements into their corporate or trade names, domain names, or electronic addresses unless they have obtained explicit written consent from Cinnaholic. This provision aims to prevent any potential confusion among customers and to protect the integrity of the Cinnaholic brand identity in the digital space.
This requirement is typical in franchising, as franchisors need to maintain consistent branding across all locations. The franchisee's use of the mark and any associated goodwill exclusively benefits Cinnaholic, with the franchisee only having a license to use the mark during the term of the Franchise Agreement. This underscores that franchisees do not acquire any ownership rights to the trademarks beyond the scope of their franchise agreement.