Under what agreements are Circle K franchisees authorized to use the Circle K Marks?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
s of distribution such as mail order, catalog, telemarketing or Internet to make sales to customers.
ITEM 13 TRADEMARKS
You are granted the right to operate a Convenience Store and, if applicable a Motor Fuel Business or Branded Business, under the Circle K Marks which are owned by our parent, Circle K Stores Inc. The Marks are licensed to TMC under a license agreement with Circle K Stores Inc. dated March 30, 2009, that has successive one-year terms. Circle K Stores Inc. has the right to terminate the license agreement at any time if TMC fails or neglects to perform its obligations regarding the quality usage standards of the trademarks, following a 30-day right-to-cure period. You may use the Marks only in the manner authorized and permitted by us, and only under the terms of the Convenience Store Franchise Agreement, Motor Fuel Agreement and/or Branding Agreement. By "Marks," we mean all trademarks, service marks, trade names, logos, and commercial symbols used to identify the Store. We may change, modify, or discontinue any of the Marks listed below.
The following Marks are registered on the Principal Register in the United States Patent and Trademark Office. All required affidavits and renewals for the registered trademarks listed below have been filed.
| The Mark | Description of the Mark | Registration Date | Registration Number | |---|---|---|---| | Circle K | Word mark | March 24, 1981 | 1,149, 199 | | | Circle K | May 2, 2017 | 5196054 | | | Design | | | | | K Design | May 2, 2017 | 5196055 | | | Circle K | February 13, | 5399871 | | | Design | 2018 | | There are currently no effective material determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, or any pending infringement, opposition, or cancellation proceedings, or any pending material litigation involving the Marks in the United States. No agreements limit either TMC's or our affiliates' rights to use or license others to use the Marks.
You must use the Marks only in the manner set forth in the Convenience Store Franchise Agreement, Motor Fuel Agreement, Branding Agreement, Business Systems Manuals, and Motor Fuel Business Systems Manual, and as specified periodically by us. We have the right to modify or discontinue use of any Mark or to use one or more additional or substitute names or Marks, and you must comply, at your expense, with our directions with respect to these changes. We may, however, reimburse you for certain expenses where such changes result from an adverse third-party claim or a court decision. You may not use any of the Marks as part of your corporate, partnership or other legal entity name.
You must notify us immediately if you learn about an infringement of or challenge to your use of our Marks.
Source: Item 13 — TRADEMARKS (FDD pages 75–76)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, franchisees are granted the right to operate under the Circle K Marks through several agreements. These include the Convenience Store Franchise Agreement, the Motor Fuel Agreement, and/or the Branding Agreement. The Circle K Marks, encompassing trademarks, service marks, trade names, logos, and commercial symbols, are owned by Circle K Stores Inc. and licensed to TMC under an agreement dated March 30, 2009, which has successive one-year terms.
Circle K Stores Inc. retains the right to terminate the license agreement with TMC if TMC fails to meet the quality usage standards of the trademarks, provided a 30-day cure period is given. Franchisees are permitted to use the Marks only in the manner authorized by Circle K and under the specific terms of the aforementioned agreements. Circle K also has the right to change, modify, or discontinue any of the Marks.
Franchisees must adhere to the guidelines for using the Marks as outlined in the Convenience Store Franchise Agreement, Motor Fuel Agreement, Branding Agreement, Business Systems Manuals, and Motor Fuel Business Systems Manual, and as specified periodically by Circle K. Franchisees are obligated to notify Circle K immediately if they become aware of any infringement or challenges to the use of the Marks. Circle K and its affiliates have the right to manage and resolve disputes concerning the Marks, and while Circle K will defend the franchisee against claims related to their compliant use of the Marks under the agreements, franchisees may have to bear their own legal expenses in other cases.