What specific Proprietary Marks will Marble Slab Creamery franchisees be authorized to use?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
ly at the Accepted Location or in advertising for the business conducted at or from the Accepted Location. Unless otherwise authorized or required by Franchisor, Franchisee will not use the Proprietary Marks in connection with the operation of an Internet website or in connection with any advertising on an Internet website.
- 6.1.3 Unless otherwise authorized or required by Franchisor, Franchisee will operate and advertise the Restaurant only under the name "MARBLE SLAB CREAMERY," without prefix or suffix, and will require all advertising and promotional materials, signs, decorations, paper goods (including disposable food containers and napkins), and other items which may be designated by Franchisor to bear the Proprietary Marks in the form, color, location, and manner prescribed by Franchisor.
- 6.1.4 During the term of this Agreement and any renewal hereof, Franchisee will identify itself as the franchisee of the Restaurant in conjunction with any use of the Proprietary Marks, including, but not limited to, on invoices, business cards, stationery, order forms, receipts, and contracts, as well as at such conspicuous locations on the premises of the Restaurant as Franchisor may designate in writing.
- 6.1.5 Franchisee will not use the Proprietary Marks to incur any obligation or indebtedness on behalf of Franchisor.
- 6.1.6 Franchisee will not use the Proprietary Marks as part of an Internet domain name (or URL), e-mail address, or as part of Franchisee's corporate or other legal name.
- 6.1.7 Franchisee will execute any documents deemed necessary by Franchisor to obtain protection for the Proprietary Marks or to maintain their continued validity and enforceability.
- 6.1.8 Franchisee will promptly notify Franchisor of any unauthorized use of the Proprietary Marks, any challenge to the validity of the Property Marks, or any challenge to the ownership, or Franchisor's right to use and to license others to use, or Franchisee's right to use, the Proprietary Marks. Franchisee acknowledges that Franchisor has the sole right to direct and control any administrative proceeding or litigation involving the Proprietary Marks, including any settlement
thereof. Franchisor has the sole right, but not the obligation, to take action against uses by others that may constitute infringement of the Proprietary Marks. Franchisor will defend Franchisee against any third-party claim, suit, or demand arising out of Franchisee's use of the Proprietary Marks. If Franchisor, in its sole discretion, determines that Franchisee has used the Proprietary Marks in accordance with this Agreement, the cost of such defense, including the cost of any judgment or settlement, will be borne by Franchisor.
Source: Item 22 — CONTRACTS (FDD page 101)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, franchisees must operate and advertise their restaurant under the name "MARBLE SLAB CREAMERY," without any additional prefixes or suffixes, unless otherwise authorized or required by the franchisor. Franchisees are obligated to include the Proprietary Marks on all advertising, promotional materials, signs, decorations, and paper goods in the form, color, location, and manner prescribed by Marble Slab Creamery.
Franchisees must identify themselves as a franchisee of Marble Slab Creamery in conjunction with any use of the Proprietary Marks, including on invoices, business cards, stationery, order forms, receipts, and contracts, as well as in conspicuous locations within the restaurant premises as designated by the franchisor in writing. This ensures clear communication to customers and business partners about the franchisee's affiliation with the Marble Slab Creamery brand.
Upon termination or expiration of the Franchise Agreement, the franchisee must immediately cease using the Proprietary Mark "MARBLE SLAB CREAMERY" and all other Proprietary Marks and distinctive forms, slogans, signs, symbols, and devices associated with the system. This includes discontinuing the use of all signs, advertising materials, displays, stationery, forms, and menu items that display the Proprietary Marks. The franchisor retains the right to enter the premises to remove any items bearing the Proprietary Marks if the franchisee fails to do so.
Furthermore, franchisees are restricted from using the Proprietary Marks on any Internet medium without the franchisor's express prior written consent. Marble Slab Creamery retains ownership of domain names such as "Marble Slab Creamery.com," "Marble Slab Creamery.net," and other similar domain names. This control ensures brand consistency and uniformity across all digital platforms associated with Marble Slab Creamery.