What is the Circle K franchisee's obligation to use the Marks?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to operate the Store under the Business System using the Marks in strict compliance with the terms and conditions of this Agreement.
Franchisee will not use any of the Marks or anything similar thereto, in or as part of its corporate, sole proprietorship, partnership or other legal entity name.
Franchisee will at all times hold itself out to the public as an independent contractor operating the Store pursuant to a license from Franchisor.
Whenever practical, Franchisee will clearly indicate on its business checks, stationery, purchase orders, business cards, invoices, receipts, advertising and promotional materials, and other written materials that Franchisee is a "Circle K®" franchisee.
Franchisee will display signs at the Franchised Location that are clearly visible to the general public indicating that the Store is independently owned and operated as a franchised Circle K Store.
Franchisor has the right to modify, or discontinue the use of, any Marks or to substitute different trade names, service marks, trademarks, logos, designs, and commercial symbols as the Marks used to identify the Store or in connection with the operation of the Store.
Subject to Section 4.5, upon Franchisor's written instructions, Franchisee will, at its expense, and within the time period specified by Franchisor, make all modifications to the Marks displayed or otherwise used at the Franchised Location as required by Franchisor, and if so directed by Franchisor, Franchisee will cease using all discontinued Marks and commence using the "new" Marks.
Subject to the terms and conditions herein, Franchisor hereby grants to Franchisee, and Franchisee hereby accepts, a non-exclusive license to establish and operate, during the Term, a Circle K Store, in conformity with the Business System, using the Marks (the "License"), at the location described in the Data Sheet attached hereto as Exhibit 1 (the "Franchised Location").
Except for the limited License granted to Franchisee hereunder, all other rights related to the Business System and the Marks not specifically granted to Franchisee hereunder are expressly reserved by Franchisor and its Affiliates.
Franchisee agrees that it will not in any way interfere with the business operations of Franchisor, its Affiliates or other franchisees.
Franchisee will not use any service marks, logo types, trade styles, designs, signs, symbols, or slogans other than the Marks in connection with the Store.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, franchisees are granted a non-exclusive license to operate a Circle K store using the brand's Marks, and must operate in strict compliance with the terms and conditions outlined in the franchise agreement. Franchisees must not use any marks or anything similar in their business name and must always present themselves as an independent contractor operating under a license from Circle K.
Circle K franchisees are required to clearly indicate their status as a "Circle K®" franchisee on business checks, stationery, purchase orders, business cards, invoices, receipts, advertising, and promotional materials. They must also display visible signs at their location indicating that the store is independently owned and operated as a franchised Circle K store. However, Circle K retains the right to modify or discontinue any Marks, or substitute different trademarks, and franchisees are obligated to make the required modifications at their own expense upon written instructions from Circle K.
Circle K reserves all rights to the Business System and the Marks not specifically granted to the franchisee. The license granted to the franchisee is limited to the specific franchised location and does not provide any exclusive rights to market, sell, or have any exclusive territory. Franchisees must operate the Store under the Business System using the Marks in strict compliance with the terms and conditions of the Franchise Agreement and must not use any service marks, logo types, trade styles, designs, signs, symbols, or slogans other than the Marks in connection with the Store.