What is the condition for Devon Creek to substitute different Marks for use in identifying the System?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
The System is identified by certain trade names, service marks**,** trademarks, logos, emblems, and indicia of origin, including but not limited to the service mark Devon Creek, as set forth in Attachment 2, and such other trade names, service marks, and trademarks as are now designated and may hereafter be designated or substituted by Franchisor for use in connection with the System (the "Marks").
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, the franchise system is identified by certain trade names, service marks, trademarks, logos, emblems, and indicia of origin, including the service mark Devon Creek. The document states that Devon Creek may designate or substitute other trade names, service marks, and trademarks for use in connection with the System.
This means that Devon Creek retains the right to change the branding and trademarks associated with the franchise system. As a franchisee, you would be required to use any Marks that Devon Creek designates or substitutes.
While the FDD excerpt specifies that Devon Creek can substitute Marks, it does not explicitly state the conditions under which Devon Creek would make such a substitution. A prospective franchisee should ask Devon Creek about the circumstances that might lead to a change in the Marks and how much advance notice franchisees would receive. Understanding the potential for rebranding and the associated costs is crucial for long-term business planning.