What action must a Cream franchisee take regarding fictitious name registrations after termination?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Date.
| cease to directly or indirectly use any Mark, any colorable imitation of a Mark, | |
|---|---|
| other indicia of a Jeni’s Ice Creams Scoop Shop, or any trade name, trademark, service mark, | |
| or other commercial symbol that indicates or suggests a connection or association with us or | |
| the System, in any manner or for any purpose (except in connection with other |
ATTACHMENT E TO FRANCHISE AGREEMENT
RIDER TO LEASE AGREEMENT
| | cease to directly or indirectly identify yourself or your business as a curre
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, upon termination of the franchise agreement, a Cream franchisee must cease identifying their business as a current or former Cream Scoop Shop, unless they operate other Cream locations under a valid franchise agreement. The franchisee is required to cancel or assign all fictitious or assumed name registrations related to the use of any Cream mark.
In practical terms, this means that if a franchisee has registered a local business name that includes the Cream brand or any similar name, they must legally cancel or transfer that registration. This prevents them from continuing to operate under a name that could be confused with the Cream brand after their franchise agreement ends. This requirement is in place to protect Cream's brand identity and prevent any potential customer confusion.
Cream also requires that franchisees de-identify their former shop. Franchisees must remove all Cream signage and trade dress to clearly differentiate the location from other Cream Scoop Shops. This includes alterations specified by Cream to avoid public confusion and comply with non-competition agreements. Franchisees must also transfer or disable all digital presences and contact information associated with the shop's operation to Cream.