factual

What does the term "Marks" encompass for a Circle K franchise?

Circle_K Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. "Marks" means the name "Circle K," and certain other distinctive trademarks, trade names, service marks, copyrights, interior and exterior building designs and specifications (including the unique motif, décor, and color combinations that comprise the trade dress of Circle K Stores), slogans, logos, social media indicators, social media handles and commercial symbols together with all goodwill associated therewith, as identified in the Business Systems Manuals or otherwise by Franchisor in writing.

Source: Item 22 — CONTRACTS (FDD page 100)

What This Means (2025 FDD)

According to Circle K's 2025 Franchise Disclosure Document, the term "Marks" includes the name "Circle K," along with other trademarks, trade names, service marks, copyrights, interior and exterior building designs and specifications (including the unique motif, décor, and color combinations that comprise the trade dress of Circle K Stores), slogans, logos, social media indicators, social media handles and commercial symbols. These Marks are identified in the Business Systems Manuals or otherwise communicated by Circle K in writing. The Marks also include all goodwill associated with them.

As a Circle K franchisee, you are granted a non-exclusive license to use these Marks in accordance with the Business System. However, this license is limited to the specific franchised location and does not extend to other locations or exclusive rights to market to specific customers or territories. Circle K retains all other rights related to the Business System and the Marks that are not specifically granted to the franchisee.

Circle K also reserves the right to modify or discontinue the use of any Marks and to substitute different trade names, service marks, trademarks, logos, designs, and commercial symbols. Franchisees are obligated to make modifications to the Marks displayed at their franchised location at their own expense and within the timeframe specified by Circle K. Franchisees must also cease using any discontinued Marks and begin using the new Marks as directed by Circle K.

Unauthorized use of the Marks or the Business System by a franchisee constitutes an infringement of Circle K's rights and a material default under the Franchise Agreement. Franchisees are also prohibited from using any of the Marks, or anything similar, as part of their corporate, sole proprietorship, partnership, or other legal entity name. Franchisees must always present themselves to the public as independent contractors operating the Store under a license from Circle K and must display signs indicating independent ownership and operation as a franchised Circle K Store.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.