Can a Cinnaholic franchisee seek to re-register the Cinnaholic marks?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
15.1. Ownership of the Marks. Franchisee acknowledges and agrees that nothing herein contained shall give Franchisee any right, title or interest in and to the Marks, except the non-exclusive right to use the Marks in connection with the operation of the Bakery under the CINNAHOLIC® System in accordance with the terms of this Agreement. Franchisee also acknowledges and agrees that the Marks and all goodwill now or in the future pertaining to the Marks are the sole and exclusive property of Franchisor and that it shall not raise or cause to be raised any questions concerning, or objections to, the validity or ownership of the Marks on any grounds whatsoever. Franchisee will not seek to register, re-register or assert claim to or ownership of, or otherwise appropriate to itself, any of the Marks or any marks or names confusingly similar to the Marks, or the goodwill symbolized by the Marks except insofar as such action inures to the benefit of and has the prior written approval of Franchisor. Upon the expiration, termination or cancellation of this Agreement, whether by lapse of time, default or otherwise, Franchisee agrees immediately to discontinue all use of the Marks and to remove all copies, replicas, reproductions or simulations thereof from the Bakery and to take all necessary steps to assign, transfer or surrender to Franchisor or otherwise place in Franchisor or its 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.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to the 2025 Cinnaholic Franchise Disclosure Document, franchisees are prohibited from registering or re-registering Cinnaholic's trademarks. The agreement explicitly states that franchisees cannot seek to register, re-register, or claim ownership of any of the Cinnaholic marks or any confusingly similar names. The only exception is if the franchisor provides prior written approval and the action benefits the franchisor. This restriction extends to domain names and electronic addresses incorporating the Cinnaholic marks.
This provision ensures that Cinnaholic maintains exclusive control over its brand and trademarks. It prevents franchisees from potentially creating confusion in the market or infringing on the franchisor's intellectual property rights. The franchisee acknowledges that the marks and associated goodwill are the sole property of Cinnaholic.
Upon termination of the franchise agreement, the franchisee must immediately discontinue all use of the Cinnaholic marks and transfer any related names or marks acquired during the term to the franchisor. This further protects Cinnaholic's brand identity and prevents former franchisees from leveraging the brand's goodwill after the agreement ends. Franchisees must adhere to the specific usage guidelines set by Cinnaholic to maintain brand consistency and avoid infringement.