What must a Cream franchisee do regarding trade and service mark registrations?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
- (3) cease to directly or indirectly identify yourself or your business as a current or former Jeni's Ice Creams Scoop Shop or as one of our current or former franchise owners (except in connection with other Jeni's Ice Creams Scoop Shops you operate in compliance with the terms of a valid Franchise Agreement with us) and take the action required to cancel or assign all fictitious or assumed name or equivalent registrations relating to your use of any Mark;
- (4) if we do not exercise our option to purchase your Shop under Section 15.D below, promptly and at your own expense, make the alterations we specify to distinguish your Shop clearly from its former appearance and from other Jeni's Ice Creams Scoop Shops, including by removing all materials and signage bearing our Marks and removing from both the interior and exterior of the Premises all materials and components of our trade dress as we determine to be necessary in order to prevent public confusion and in order to comply with the non-competition provisions set forth in Section 15.C;
- (5) cease using and, at our direction, either disable or transfer, assign, or otherwise convey to us full control of all Contact Information and Digital Presences that you used to operate your Shop or that displays any of the Marks or any reference to the franchise system (provided that all liabilities and obligations arising from any such Contact Information or Digital Presence prior to the date of the transfer, assignment, or conveyance to us will remain your sole responsibility in all respects, and any costs we incur in connection therewith will be indemnifiable under Section 16.D);
- (6) return to us or destroy (as we require) all items, forms, and materials containing any Mark or otherwise identifying or relating to Jeni's Ice Creams Scoop Shops, and any and all Confidential Information (including the Brand Manual and any and all customer data or other information from your Computer System);
- (7) comply with all other System Standards we establish from time to time (and all applicable laws) in connection with the closure and de-identification of your Shop, including as it relates to disposing of Personal Information, in any form, in your possession or the possession of any of your employees; and
- (8) give us evidence satisfactory to us of your compliance with these obligations.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, a Cream franchisee must take specific actions regarding trade and service mark registrations, particularly when ceasing operations as a Cream franchise. Specifically, the franchisee must cease identifying their business as a current or former Cream Scoop Shop and take action to cancel or assign all fictitious or assumed name or equivalent registrations related to the use of any Cream mark. This ensures that the franchisee no longer represents themselves as part of the Cream franchise system after termination or non-renewal of the franchise agreement.
Furthermore, upon ceasing operations, the franchisee is obligated to remove all materials and signage bearing Cream's marks. They must also remove all components of Cream's trade dress from both the interior and exterior of the premises. These alterations must be made at the franchisee's own expense and as specified by Cream to prevent public confusion and comply with non-competition provisions. This is a standard practice in franchising to protect the brand's identity and prevent unauthorized use of its trademarks and trade dress by former franchisees.
In addition to physical alterations, the Cream franchisee must also cease using and either disable or transfer to Cream full control of all contact information and digital presences used to operate the shop. This includes websites, social media accounts, and other online platforms that display any of Cream's marks or references to the franchise system. The franchisee remains responsible for all liabilities and obligations arising from such contact information or digital presence prior to the transfer date, and any costs incurred by Cream in connection with the transfer are indemnifiable under the franchise agreement. This provision ensures that Cream maintains control over its brand's online presence and customer communications.
Finally, the Cream franchisee must return or destroy all items, forms, and materials containing any Cream mark or otherwise identifying or relating to Cream Scoop Shops. This includes confidential information such as the Brand Manual and any customer data or other information from the franchisee's computer system. The franchisee must also comply with all other system standards established by Cream in connection with the closure and de-identification of the shop, including those related to disposing of personal information. The franchisee must provide evidence satisfactory to Cream of their compliance with these obligations, ensuring a complete and verifiable separation from the Cream franchise system.