Can a Cinnaholic franchisee use any mark other than the authorized mark to identify the bakery?
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, a franchisee is generally restricted to using only the marks authorized by Cinnaholic to identify their bakery. The franchise agreement, operations manual, and Cinnaholic's specifications and directives dictate how the marks must be used. Unless expressly authorized in writing by Cinnaholic, a franchisee cannot use any other mark as part of their corporate or trade name, or within any domain name or electronic address. Additionally, the marks cannot be used in connection with unauthorized products or services.
This restriction ensures brand consistency across all Cinnaholic locations, which is a common practice in franchising. By controlling the use of its trademarks, Cinnaholic aims to maintain a uniform brand image and protect its intellectual property. This benefits the entire franchise system by reinforcing brand recognition and customer loyalty.
Franchisees must immediately notify Cinnaholic of any infringement or challenges to the use of the marks. Cinnaholic retains exclusive control over any litigation or proceedings related to infringement, challenges, or claims involving the marks. While franchisees are licensed to use the marks during the term of the franchise agreement, all goodwill associated with the marks accrues exclusively to Cinnaholic. Franchisees are also obligated to modify or discontinue the use of a mark and adopt substitute marks if instructed by Cinnaholic, bearing the tangible costs of compliance such as changing signs.