What standards must a Moes Southwest Grill franchisee adhere to when using the Marks?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
Your right to use the Marks applies only to the Franchised Business operated at the Accepted Location as expressly provided in this Agreement, including advertising related to the Franchised Business.
You may only use in your Franchised Business the Marks we designate, and only in compliance with written rules that we prescribe from time to time.
Your limited license extends only to use of the Marks in accordance with (i) all applicable standards, operating procedures, policies, and guidelines that we prescribe—and from time to time amend during the duration of this Agreement, including those set forth in the Manuals and any other publications, if any, dedicated to proper use of the Marks; and (ii) all applicable Laws pertaining to advertising and marketing, including federal and state laws pertaining to telemarketing (including the Telephone Consumer Protection Act (the "TCPA")), false advertising, unfair competition and unfair practices.
You may not use any Mark or any words or designations similar to the Marks (i) as part of any corporate or legal business name, (ii) with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos we have licensed to you), (iii) in selling any unauthorized services or products, (iv) as part of any domain name, electronic address, metatag, search engine keyword, social media account, or otherwise in connection with any website or other electronic medium without our consent, or (v) in any other manner we have not expressly authorized in writing.
No materials on which any of the Marks appears will be used by you without our prior written approval, which may be revoked at any time upon reasonable notice to you.
You must display the Marks in a manner that we specify on signage at the Franchised Business and on forms, advertising, supplies, employee uniforms, business cards, and other materials we designate.
Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Moe's Southwest Grill FDD, a franchisee's right to use the brand's marks is limited to the operation of the franchised business at the accepted location, including related advertising. Franchisees can only use the marks designated by Moe's Southwest Grill and must comply with the written rules prescribed by the company, which may be amended during the agreement. These rules include standards, operating procedures, policies, and guidelines set forth in the manuals and other publications dedicated to the proper use of the marks. Franchisees must also adhere to all applicable laws pertaining to advertising and marketing.
The agreement specifies several restrictions on how a franchisee can use the marks. Franchisees cannot use any mark or similar designations as part of a corporate or legal business name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than approved logos). They are also prohibited from using the marks in selling unauthorized services or products, as part of any domain name, electronic address, metatag, search engine keyword, social media account, or in connection with any website or other electronic medium without the company's consent.
Furthermore, franchisees must obtain prior written approval from Moe's Southwest Grill for any materials displaying the marks, and this approval can be revoked at any time with reasonable notice. The marks must be displayed in a manner specified by Moe's Southwest Grill on signage, forms, advertising, supplies, employee uniforms, business cards, and other designated materials. These stipulations ensure brand consistency and protect the intellectual property of Moe's Southwest Grill.
Compliance with these standards is critical for maintaining the integrity of the Moe's Southwest Grill brand and ensuring a consistent customer experience across all franchise locations. Failure to adhere to these standards could result in a breach of the franchise agreement and potential legal consequences.