Is written consent from the Cinnaholic franchisor required to deviate from the specified use of marks?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, franchisees must obtain written consent from Cinnaholic for any use of the brand's marks that deviates from what is authorized. Cinnaholic retains ownership of its marks, and franchisees are granted a non-exclusive right to use them specifically for operating their bakery under the Cinnaholic system. Unauthorized use of the marks infringes on Cinnaholic's rights.
Specifically, franchisees must use only the marks designated by Cinnaholic and only in the manner authorized. This includes how the marks are displayed and used in advertising. Franchisees cannot use the marks in any domain name or electronic address without permission. If a franchisee develops any modifications or improvements to the marks, they must notify Cinnaholic, and those changes become Cinnaholic's property.
This requirement ensures brand consistency across all Cinnaholic locations, which is a common practice in franchising. By controlling the use of its marks, Cinnaholic aims to maintain a uniform brand image and protect its reputation. A prospective franchisee should be aware that any deviation from the approved use of Cinnaholic's marks without prior written consent could result in a breach of the franchise agreement.