What must a Hck Hot Chicken franchisee do when using the Marks?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
r prior rights or infringing uses that could materially affect your use of the trademarks.
You must follow our rules and specifications, as modified from time to time, when using the Marks. You cannot use our name or Mark as part of a corporate name or with modifying words, designs, or symbols unless you receive our prior written consent. You may not use the Marks in the sale of unauthorized products or services or in any manner we do not authorize. You may not use the Marks in any advertising for the transfer, sale, or other disposition of the HCK Hot Chicken Restaurant, or any interest in the Franchise. All rights and goodwill from the use of the Marks accrue to us. If it becomes advisable, at any time, for us and/or you to modify or discontinue using any Mark and/or use one or more additional or substitute trademarks or service marks, you must comply with our directions within a reasonable time after receiving notice. We will not reimburse you for your direct expenses of changing signage, for any loss of revenue, or other indirect expenses due to any modified or discontinued Mark, or for your expenses of promoting a modified or substituted trademark or service mark.
We will indemnify you for and defend you against any claim brought against you by a third party that your use of the Marks, in accordance with the Franchise Agreement, infringes upon that party's intellectual property rights. We may require your assistance, but we will exclusively control any proceeding or litigation relating to our Marks.
Source: Item 13 — TRADEMARKS (FDD pages 40–41)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, franchisees must adhere to specific guidelines when using the brand's trademarks (referred to as "Marks"). Franchisees are required to follow Hck Hot Chicken's rules and specifications, which may be modified periodically. A franchisee cannot incorporate Hck Hot Chicken's name or Marks into their corporate name or use them with any modifying words, designs, or symbols without obtaining prior written consent from Hck Hot Chicken.
Furthermore, franchisees are prohibited from using the Marks in connection with the sale of unauthorized products or services, or in any manner not explicitly authorized by Hck Hot Chicken. The Marks cannot be used in any advertising related to the transfer, sale, or other disposition of the Hck Hot Chicken Restaurant or any interest in the franchise. All rights and goodwill associated with the use of the Marks accrue solely to Hck Hot Chicken.
If Hck Hot Chicken decides to modify or discontinue any Mark, or to introduce additional or substitute trademarks or service marks, franchisees must comply with Hck Hot Chicken's directions within a reasonable timeframe after receiving notice. However, Hck Hot Chicken will not reimburse franchisees for any direct expenses incurred in changing signage, any loss of revenue, or other indirect expenses resulting from the modified or discontinued Mark, or for the expenses of promoting a modified or substituted trademark or service mark. Franchisees must also notify Hck Hot Chicken within three days if they become aware of any party using the Marks or a confusingly similar trademark. Hck Hot Chicken retains the sole discretion to take action regarding any litigation or administrative proceeding involving a trademark licensed to the franchisee.