Can Cream regulate the use and display of the Marks?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
st or assist any other person in contesting the validity of any registration for the Marks or the System, and/or our and our affiliates' (as applicable) rights to the Marks and the System.
B. USE OF MARKS AND SYSTEM.
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.
C. NOTIFICATION OF INFRINGEMENTS AND CLAIMS.
You agree to notify us immediately of any apparent infringement or challenge to your use of the Marks or the System, or of any person's claim of any rights in the Marks or the System, and not to communicate with any person other than us, our affiliates, and our and their attorneys, and your
attorneys, regarding any infringement, challenge, or claim.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, Cream has specific regulations regarding the use and display of its Marks. As a franchisee, you are granted a limited, non-exclusive license to use Cream's Marks and System during the term of the agreement, strictly for operating your shop in compliance with the agreement's terms and Cream's System Standards. You cannot sublicense or assign your right to use the Marks and the System. Cream specifies that you must use and display the Marks in the style and graphic manner described in their Brand Manual.
Cream restricts franchisees from using any other trademarks, service marks, or commercial symbols other than the Marks to identify or operate their shop. The FDD lists specific prohibitions, such as using 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 other manner not expressly authorized in writing. Furthermore, you need Cream's prior written consent to use any Mark in advertising the transfer, sale, or other disposition of your shop.
As a Cream franchisee, you must prominently display the Marks as prescribed by Cream at your shop and on forms, advertisements, supplies, and other designated materials. You also need to provide notices of trade and service mark registrations as specified by Cream and obtain any required fictitious or assumed name registrations under applicable law. These stipulations ensure that the brand's image and trademarks are consistently and legally maintained across all franchise locations.
Cream also retains the right to modify, substitute, add, or discontinue the use of any Marks or the System over time. If Cream decides to make such changes, you, as the franchisee, agree to implement these modifications and updates and comply with all directions regarding the use of the Marks and the System in connection with your shop within a reasonable time after receiving notice. However, Cream is not obligated to reimburse you for any costs or expenses associated with these changes or for any loss of revenue resulting from modifications to the Marks or System.