What constitutes a breach of the Monicals Pizza franchise agreement regarding the use of the Marks?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
nership
Franchisee's right to use the Marks is derived solely from this Agreement, is non-exclusive and is limited to the conduct of business by Franchisee pursuant to, and in compliance with, this Agreement and all applicable standards, specifications and operating procedures prescribed from time to time by Franchisor. Any unauthorized use of the Marks by Franchisee is a breach of this Agreement and an infringement of the rights of Franchisor in and to the Marks. Franchisee's use of the Marks, and any goodwill created thereby, shall inure to the benefit of Franchisor. Franchisee shall not at any time acquire an ownership interest in the Marks by virtue of any use it may make of the Marks. This Agreement does not confer any goodwill, title or interest in the Marks to Franchisee. Franchisee shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of any of the Marks.
6.2 Limitations on Use
Franchisee shall not use any Mark or portion of any Mark as part of any business entity name. Franchisee shall not use any Mark in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Franchisor. Franchisee shall give such notices of trademark and service mark registrations as Franchisor specifies and obtain such fictitious or assumed name registrations as may be required under applicable law to do business as a Franchised Restaurant. Franchisee shall not register or seek to register as a trademark or service mark, either with the United States Patent and Trademark Office or any state or foreign country, any of the Marks or a trademark or service mark that is confusingly similar to any Mark licensed to Franchisee. Franchisee shall include on its letterhead, forms, cards and other such identification, and shall display at any office location, a prominent notice stating that the Franchised Restaurant is an "Independently Owned and Operated Monical's Pizza Franchise" of Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to Monicals Pizza's 2025 Franchise Disclosure Document, a franchisee's unauthorized use of the Marks constitutes a breach of the franchise agreement and an infringement of Monicals Pizza's rights. The franchisee's right to use the Marks is derived solely from the franchise agreement and is limited to conducting business in compliance with the agreement and Monicals Pizza's standards and operating procedures.
Specifically, a franchisee cannot use any Mark or portion of any Mark as part of any business entity name. Additionally, the franchisee cannot use any Mark in connection with the sale of any unauthorized product or service or in any manner not expressly authorized in writing by Monicals Pizza. The franchisee is required to give notices of trademark and service mark registrations as specified by Monicals Pizza and obtain any necessary fictitious or assumed name registrations to operate as a franchised restaurant.
Furthermore, the franchisee is prohibited from registering or seeking to register any of the Marks, or any confusingly similar trademark or service mark, with the United States Patent and Trademark Office or any state or foreign country. The franchisee must also include a prominent notice on its letterhead, forms, cards, and at any office location, stating that the Franchised Restaurant is an "Independently Owned and Operated Monical's Pizza Franchise" of the franchisee.