What is a Cream franchisee required to do regarding fictitious or assumed name registrations?
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, a Cream franchisee must take action to cancel or assign all fictitious or assumed name or equivalent registrations relating to their use of any mark. This requirement is triggered when the franchisee ceases to directly or indirectly identify themselves or their business as a current or former Cream Scoop Shop or as one of Cream's current or former franchise owners. However, this does not apply if the franchisee operates other Cream Scoop Shops in compliance with a valid Franchise Agreement.
In practical terms, this means that if a franchisee's relationship with Cream ends, they cannot continue to operate under a name that suggests they are still affiliated with the Cream brand. This protects Cream's brand identity and prevents potential confusion among customers. The franchisee is responsible for taking the necessary steps to legally cancel or transfer any registrations they have for names that include Cream's trademarks or imply an ongoing relationship.
This requirement is standard practice in franchising. Franchisors need to protect their trademarks and brand reputation. By requiring franchisees to cancel or assign fictitious name registrations upon termination, Cream ensures that former franchisees do not continue to benefit from the brand's goodwill without authorization. This also helps to avoid potential legal issues related to trademark infringement or unfair competition.