Are Cream franchisees required to use the Marks and System?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
You are hereby granted a limited, non-exclusive license to use the Marks and the System, during the Term, strictly to operate your Shop in compliance with the terms of this Agreement and our System Standards. You have no right to sublicense or assign your right to use the Marks and the System. You agree to use and display the Marks in the style and graphic manner we describe in the Brand Manual. You may not use any other trademarks, service marks, commercial symbols, other than the Marks, to identify or operate your Shop. You may not use any Mark: (1) as part of any corporate or legal business name; (2) with any unauthorized prefix, suffix, or other modifying words, terms, designs, or symbols; (3) in selling any unauthorized services or products; (4) as part of any Digital Presence (as defined in Section 9.E), except in accordance with our guidelines set forth in the Brand Manual; or (5) in any other manner that we have not expressly authorized in writing. You may not use any Mark in advertising the transfer, sale, or other disposition of your Shop or an ownership interest in you without our prior written consent. You agree to display the Marks prominently as we prescribe at your Shop and on forms, advertisements, supplies, and other materials we designate. You agree to give the notices of trade and service mark registrations that we specify and to obtain any fictitious or assumed name registrations required under applicable law. You agree, during and after the Term, not to directly or indirectly appropriate, use, or duplicate the System or System Standards, or any portion thereof, for use in any other business or endeavor.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, franchisees are granted a limited, non-exclusive license to use the Marks and the System. This license is specifically for operating their shop in compliance with the terms outlined in the Franchise Agreement and Cream's System Standards. Franchisees do not have the right to sublicense or assign their right to use the Marks and the System. Cream dictates the style and graphic manner in which the Marks are displayed, as detailed in the Brand Manual. Franchisees are prohibited from using any other trademarks, service marks, or commercial symbols to identify or operate their shop, other than the Marks provided by Cream.
Cream strictly controls how its Marks are used. Franchisees cannot use the Marks as part of any corporate or legal business name, with unauthorized modifications, in selling unauthorized services or products, as part of any Digital Presence (except as per the Brand Manual), or in any manner not expressly authorized in writing. Furthermore, franchisees need written consent from Cream to use any Mark in advertising the transfer, sale, or other disposition of their shop or an ownership interest. Franchisees must prominently display the Marks as prescribed by Cream at their shop and on various materials. They must also provide notices of trade and service mark registrations as specified and obtain any required fictitious or assumed name registrations.
After the franchise term, franchisees cannot directly or indirectly appropriate, use, or duplicate the System or System Standards for any other business. Franchisees must immediately notify Cream of any apparent infringement or challenge to the use of the Marks or the System. Cream also retains the right to modify the Marks and the System over time, and franchisees must comply with these changes, potentially incurring additional costs without reimbursement from Cream. These stipulations ensure that Cream maintains tight control over its brand identity and operational standards, requiring franchisees to adhere strictly to the established System and Marks.