Can Circle K substitute or modify the Proprietary Marks during the term of the agreement?
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.
Licensee acknowledges and agrees that it is required to purchase all items containing the Proprietary Marks, including all signage, from TMC's approved suppliers.
Source: Item 23 — RECEIPTS (FDD pages 100–359)
What This Means (2025 FDD)
According to Circle K's 2025 Branding Agreement, Circle K has the right to substitute, change, or modify its Proprietary Marks during the term or any renewal term of the agreement. The franchisee must comply with any such substitution, change, or modification.
In the event that Circle K does make changes to its Proprietary Marks, all references to the original Proprietary Marks within the agreement will 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.
This means that Circle K franchisees must be prepared to update their signage, branding, and overall image to reflect any changes made by the company. While this ensures brand consistency across all locations, it may also require franchisees to incur additional expenses to implement these changes. Franchisees are required to purchase all items containing the Proprietary Marks, including all signage, from Circle K's approved suppliers.