Is an Endless Summer Sweets franchisee allowed to use the Marks on employment documents?

Based on the 2024 Endless Summer Sweets Franchise Disclosure Document, the franchisee's ability to use the brand's trademarks, service marks, and logos, referred to as the "Marks," is subject to certain restrictions. While the FDD does not explicitly address the use of the Marks on employment documents, it does state that upon termination or expiration of the franchise agreement, the franchisee must cease doing business under any of the Marks. This suggests that during the term of the agreement, some usage is permitted.

However, the FDD also states that the franchisee shall not take any action which may injure the goodwill associated with the Marks. This clause implies that any use of the Marks, including on employment documents, should be carefully considered to ensure it does not negatively impact the brand's reputation. Additionally, the franchisee must identify itself as the independent owner of the business in the manner prescribed by the franchisor and must display signage identifying the location as an independently owned franchise.

Given these points, an Endless Summer Sweets franchisee should seek explicit guidance from the franchisor regarding the appropriate use of the Marks on employment documents to ensure compliance with the franchise agreement and to protect the brand's integrity. It would be prudent to obtain written approval for any such use to avoid potential disputes or violations of the agreement.