What do the 'Marks' refer to in the Crave Cookies franchise agreement?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
ARTICLE 12. MARKS
- 12.1 Authorized Marks. Franchisee shall use no trademarks, service marks or logos in connection with the Business other than the Marks. Franchisee shall use all Marks specified by Crave Cookies Franchising, and only in the manner as Crave Cookies Franchising may require. Franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with this Agreement. All use of the Marks by Franchisee and any goodwill associated with the Marks, including any goodwill arising due to Franchisee's operation of the Business, will inure to the exclusive benefit of Crave Cookies Franchising.
- 12.2 Change of Marks. Crave Cookies Franchising may add, modify, or discontinue any Marks to be used under the System. Within a reasonable time after Crave Cookies Franchising makes any such change, Franchisee must comply with the change, at Franchisee's expense.
12.3 Infringement.
- (a) Defense of Franchisee. If Franchisee has used the Marks in accordance with this Agreement, then (i) Crave Cookies Franchising shall defend Franchisee (at Crave Cookies Franchising's expense) against any Action by a third-party alleging infringement by Franchisee's use of a Mark, and (ii) Crave Cookies Franchising will indemnify Franchisee for expenses and damages if the Action is resolved unfavorably to Franchisee.
- (b) Infringement by Third Party. Franchisee shall promptly notify Crave Cookies Franchising if Franchisee becomes aware of any possible infringement of a Mark by a third party. Crave Cookies Franchising may, in its sole discretion, commence or join any claim against the infringing party.
- (c) Control. Crave Cookies Franchising shall have the exclusive right to control any prosecution or defense of any Action related to possible infringement of or by the Marks.
- 12.4 Name. If Franchisee is an entity, it shall not use the word[s] "Crave Cookies" or any confusingly similar words in its legal name.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, the 'Marks' refer to the trademarks, service marks, and logos used in connection with the Crave Cookies business. The franchise agreement stipulates that franchisees can only use the Marks specified by Crave Cookies Franchising and in the manner they require. Franchisees do not gain any rights to the Marks other than using them to operate their business in compliance with the franchise agreement. All goodwill associated with the Marks, including any goodwill arising from the franchisee's operation, exclusively benefits Crave Cookies Franchising.
Crave Cookies Franchising retains the right to add, modify, or discontinue any Marks used within the system, and franchisees must comply with these changes at their own expense within a reasonable timeframe. If a franchisee uses the Marks according to the agreement, Crave Cookies Franchising will defend the franchisee against any third-party action alleging infringement and will cover expenses and damages if the action is resolved unfavorably to the franchisee. Franchisees must promptly notify Crave Cookies Franchising of any potential infringement of a Mark by a third party, and Crave Cookies Franchising has the sole discretion to pursue claims against the infringing party.
The franchise agreement also prohibits franchisees from using "Crave Cookies" or any confusingly similar words in their legal entity name. Upon termination or expiration of the franchise agreement, franchisees must cease doing business under any of the Marks and must de-identify their location to remove any signage or trade dress associated with Crave Cookies. This ensures that the brand's identity and trademarks remain under the control of Crave Cookies Franchising and are consistently applied across all franchise locations.