What is the definition of "Co-branded Marks" in the context of a Marble Slab Creamery franchise?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
(iv) using and displaying the trademarks, service marks, logos, trade names and other similar indicia of the Co-brand(s) at the Business in accordance with the specifications and requirements as may be provided to Franchisee from time to time, and the terms and conditions of the Co-branded Franchise Agreement(s) (the "Co-branded Marks"); and (v) remodeling certain portions of the Business to incorporate the Co-branded Marks, signs, trade dress, equipment, furnishings and fixtures in accordance with Franchisor's specifications and guidelines, as may be provided to Franchisee from time to time, and subject the applicable Co-brand(s) specifications and guidelines, and subject to the rights and permissions granted to Franchisee pursuant to the Co-branded Franchise Agreement(s).
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery Franchise Disclosure Document, "Co-branded Marks" are defined as the trademarks, service marks, logos, trade names, and other similar indicators of a Co-brand used at a Marble Slab Creamery business. These marks must be displayed and used according to the specifications and requirements provided to the franchisee and in accordance with the terms and conditions of the Co-branded Franchise Agreement(s).
In practical terms, this means that if a Marble Slab Creamery franchise is co-branded with another business, such as a pizza or sandwich shop, the trademarks and logos of that other business (the Co-brand) must be displayed and used in a manner consistent with the Co-brand's franchise agreement and any guidelines provided by Marble Slab Creamery. This ensures brand consistency and avoids confusion for customers.
A franchisee must get permission from Marble Slab Creamery to operate a Co-Brand store with a Co-Brand Licensor that is not an affiliate of the franchisor. The franchisee must submit any information about their proposed Co-Brand Licensor. Before a franchisee enters into any agreements with a proposed Co-Brand Licensor, they must receive the franchisor's approval in writing of each proposed Co-Brand Licensor and each proposed agreement. Marble Slab Creamery may withhold its approval for any reason, in its sole discretion, and may require the Co-Brand Licensor to be an affiliate of Marble Slab Creamery.
This definition is important for franchisees to understand because it dictates how they can represent the Co-brand within their Marble Slab Creamery location. Failure to adhere to these guidelines could result in a breach of the franchise agreement. Franchisees should pay close attention to the specifications and requirements provided by both Marble Slab Creamery and the Co-brand to ensure compliance.