What rights does the Cinnaholic Franchise Agreement grant regarding the use of the CINNAHOLIC® name?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
nder the Franchise Agreement are retained by us.
Other bakery or restaurant concepts owned now or in the future by us or our affiliates may be established in close proximity to your Bakery.
ITEM 13 TRADEMARKS
Under the Franchise Agreement, we grant you the non-exclusive right to operate your Bakery under the name CINNAHOLIC® and to use the other Marks we authorize you to use.
The following principal Marks are registered on the Principal Register of the United States Patent and Trademark Office (the "USPTO"). We intend to file affidavits of use, affidavits of incontestability, and renewals, when due, for the following Marks.
| Mark | Registration No. | Registration Date | Owner |
|---|---|---|---|
| Cinnaholic | 5323539 | 10/31/2017 | Cinnaholic |
| Franchising, | |||
| LLC | |||
| 6567228 | 11/23/2021 | Cinnaholic | |
| Franchising, | |||
| LLC | |||
| 6567223 | 11/23/2021 | Cinnaholic | |
| Franchising, | |||
| LLC |
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.
You must notify us immediately when you learn about an infringement of or challenge to your use of a Mark. We will take the action we think appropriate. We have the right to exclusively control any litigation, USPTO proceeding, or other proceeding arising out of any infringement, challenge, or claim or otherwise relating to any Mark.
You must notify us promptly of any unauthorized use of the Mark of which you have knowledge or of any challenge to the validity of our ownership of or our right to license others to use the Mark. We will take the action, if any, we believe to be appropriate.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to the 2025 Cinnaholic Franchise Disclosure Document, the Franchise Agreement grants franchisees a non-exclusive right to operate their bakery under the CINNAHOLIC® name and to use other authorized marks. This means that while franchisees can use the Cinnaholic name, the rights are not exclusive, and Cinnaholic can authorize others to use the same marks. Franchisees must adhere to the Franchise Agreement, Operations Manual, specifications, and directives when using the mark.
The Cinnaholic franchisee is restricted in how they use the trademark. The CINNAHOLIC® mark is the only mark franchisees can use to identify their bakery, and they cannot use it 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. All goodwill associated with the use of the mark benefits Cinnaholic exclusively, and the franchisee only retains a license to use the mark during the term of the Franchise Agreement. Franchisees are not allowed to make any changes to the mark without permission from Cinnaholic.
Cinnaholic requires franchisees to immediately report any infringement or challenges to the use of the mark. Cinnaholic retains the exclusive right to control any litigation or proceedings related to infringement or claims. Franchisees must also promptly notify Cinnaholic of any unauthorized use of the mark or challenges to Cinnaholic's ownership. Cinnaholic will decide what action to take and has the right to control any related legal proceedings. Franchisees are required to assist Cinnaholic in maintaining the validity and enforceability of the mark by executing necessary documents and providing assistance as needed.
Cinnaholic also has the right to require franchisees to modify or discontinue the use of a mark and adopt substitute marks. Franchisees are responsible for the tangible costs of compliance, such as changing signs, but Cinnaholic is not responsible for any loss of revenue or expenses related to promoting a modified or substitute mark. Franchisees waive any claims against Cinnaholic for changing, modifying, or discontinuing a mark. Cinnaholic may also develop or acquire additional marks for franchisees to use.