Who owns the rights to the Cool Binz Marks?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
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- You acknowledge that we and/or our affiliate own and have all rights to the Marks.
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- Your right to use the Marks is derived only from this Agreement and is limited to your operation of the COOL BINZ Business in accordance and in compliance with this Agreement and all System Standards we prescribe from time to time during its term.
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- You must use only the Marks that we designate in writing, and to use them only in the manner that we authorize.
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- You agree that your use of the Marks, and any goodwill established by this use, will be exclusively for our benefit and that this Agreement does not confer any goodwill or other interest in the Marks upon you (other than the right to operate a COOL BINZ Business under this Agreement). Upon expiration or termination of this Agreement, no monetary amount will be assigned as attributable to any goodwill associated with your use of the System and the Marks,
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- All provisions of this Agreement applicable to the Marks apply to any additional proprietary trade and service marks and commercial symbols that we authorize you to use.
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- The right and license of the Marks awarded to you under this Agreement is nonexclusive, and we may:
- a. award other licenses and franchises for the Marks, in addition to those licenses and franchises already awarded;
- b. use the Marks in connection with marketing and selling of any products and services as we deem appropriate; and
- c. develop and establish other systems using the Marks, similar proprietary marks, or any other proprietary marks, and grant licenses thereto without providing any rights therein to you.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, Cool Binz and/or its affiliates own all rights to the Cool Binz Marks. As a franchisee, your right to use these marks is solely derived from the franchise agreement. This right is limited to the operation of your Cool Binz business in compliance with the agreement and all system standards set by Cool Binz.
Cool Binz designates in writing which marks you are authorized to use and specifies the manner in which they must be used. Any goodwill established through your use of the marks benefits Cool Binz exclusively. The franchise agreement does not grant you any independent interest in the marks beyond the right to operate your business under the agreement. Upon termination or expiration of the agreement, no monetary value will be assigned to any goodwill associated with your use of the Cool Binz system and marks.
The franchise agreement states that the license to use the Cool Binz marks is nonexclusive. Cool Binz retains the right to grant other licenses and franchises for the marks, use the marks in connection with marketing and selling any products and services, and develop other systems using the marks or similar proprietary marks without providing any rights to you. This means that Cool Binz has broad discretion in how it uses and licenses its trademarks, which could include allowing other franchisees or even the company itself to operate similar businesses under the same or similar marks.