If Circle K modifies the Proprietary Marks, must the licensee comply with the changes?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
(c) It is further expressly understood and agreed that TMC will have the right to substitute, change or modify the Proprietary Marks during the Term or any Renewal Term of this Agreement, and Licensee) must comply with any substitution, change or modification.
In the event of such substitution, change or modification, all references to the Proprietary Marks herein shall be deemed to refer to the substituted, changed or modified trademarks, service marks, trade names, brand names, trade dress, logos, color patterns, color schemes, design schemes, insignia, image standards and/or other brand identifications.
Source: Item 23 — RECEIPTS (FDD pages 100–359)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, Circle K has the right to modify its Proprietary Marks during the term or any renewal term of the agreement. The licensee must comply with any such substitution, change, or modification. The Proprietary Marks include trademarks, service marks, trade names, brand names, trade dress, logos, color patterns, color schemes, design schemes, insignia, image standards and/or other brand identifications.
In the event of any changes or modifications to the Proprietary Marks, all references to the original marks will be deemed to refer to the substituted, changed, or modified versions. This means that Circle K franchisees must update all signage, marketing materials, and other branded items to reflect the new Proprietary Marks.
This requirement ensures that all Circle K locations maintain a consistent brand image and comply with the franchisor's current branding standards. Failure to comply with these changes could result in a breach of the franchise agreement.