Can a Hck Hot Chicken franchisee use the Marks in advertising for the sale of the franchise?

According to Hck Hot Chicken's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from using the Marks in any advertising related to the transfer, sale, or any other disposition of the Hck Hot Chicken Restaurant or any interest in the franchise. This restriction ensures that Hck Hot Chicken maintains control over its brand image and messaging, especially during franchise transitions.

This restriction is fairly standard in franchising. By preventing franchisees from using the Marks in sale advertising, Hck Hot Chicken can ensure consistent representation of the brand and avoid any misleading or inaccurate information being disseminated during the sale process. This protects both the franchisor's reputation and the interests of potential buyers.

The FDD also states that all rights and goodwill resulting from the use of the Marks accrue to Hck Hot Chicken. This reinforces the franchisor's ownership and control over its trademarks. Franchisees must adhere to Hck Hot Chicken's rules and specifications when using the Marks, and they cannot use the name or Mark as part of a corporate name or with modifying words, designs, or symbols without prior written consent. This further emphasizes the importance of maintaining brand consistency and adhering to the franchisor's guidelines.