Does the Kitchen Solvers franchise agreement allow for modifications to the 'Trademarks'?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
roducts and services under our Trademarks and utilizing certain distinctive types of supplies, services, measuring and installation
methods and procedures, and marketing programs, all of which we may modify and change from time to time.
D. "Trademarks" means the KITCHEN SOLVERS® service mark that has been registered with the United States Patent and Trademark Office and the other trademarks, service marks, and trade names as we may designate and as we may modify and change from time to time, and the trade dress and other commercial symbols used in the Business. Trade dress includes the designs, color schemes and image we authorize you to use in the operation of your Business from time to time.
2. GRANT OF LICENSE
The following provisions control with respect to the license granted to you:
A. Rights Granted. We hereby grant to you, subject to the terms and conditions of this Agreement, the right and license to engage in and conduct a KITCHEN SOLVERS Business identified by the Trademarks that we authorize for your use hereunder (or such other marks as we may direct) for the territory consisting of the area set forth in Appendix B (the "Territory"). You are not permitted to operate the KITCHEN SOLVERS Business outside the Territory unless you secure our prior written consent, which we may grant or withhold in our sole and absolute discretion. If we grant consent permitting you to operate outside the Territory, we may revoke our consent at any time on notice to you.
You hereby accept said license and undertake the obligation to operate your Business for the duration of the Term faithfully, honestly and diligently, using the System in compliance with our standards and requirements for the System. You agree to maintain and operate your Business under your active and continuous supervision and management. You may not commence operations of your Business until you successfully complete our training program and we have approved the commencement date of operations. The license granted herein is limited to the right to operate your Business only within the Territory.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, Kitchen Solvers retains the right to modify and change the trademarks associated with the franchise. The franchise agreement defines 'Trademarks' as the registered KITCHEN SOLVERS® service mark, along with other trademarks, service marks, and trade names that Kitchen Solvers may designate, modify, and change over time. This also includes the trade dress and commercial symbols authorized for use in the franchisee's business operations.
This provision grants Kitchen Solvers significant control over its brand identity and allows it to adapt its trademarks to market trends or evolving business strategies. For a franchisee, this means that the specific logos, designs, and overall image they use in their Kitchen Solvers business could be altered by the franchisor during the term of the agreement. Franchisees are obligated to use the Trademarks only in connection with products and services specified by Kitchen Solvers and in the manner prescribed in writing.
Kitchen Solvers' right to modify trademarks is further reinforced by the franchisee's acknowledgement that the trademarks are the property of Kitchen Solvers. The franchisee's right to use these trademarks is specifically conditioned upon the terms outlined in the franchise agreement. Franchisees must also use the name KITCHEN SOLVERS as the trade name of their business and cannot use any other mark or words to identify their business without prior written consent from Kitchen Solvers.
This level of control is typical in franchising, as it ensures brand consistency and protects the franchisor's intellectual property. However, it also means that franchisees must be prepared to adapt their business's visual identity and marketing materials to align with any changes implemented by Kitchen Solvers. Franchisees are prohibited from engaging in any conduct that would infringe upon, harm, or contest Kitchen Solvers' rights in the trademarks or the associated goodwill.