Can a Monicals Pizza franchisee use any marks that have not been designated by the franchisor?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
You receive the right to operate your restaurant under the trademark Monical's Pizza® , which is the principal trademark used to identify our System. You may also use any other current or future Mark to operate your franchised restaurant that we designate in writing, including the logo on the front of this Disclosure Document and the trademarks listed below. By "Mark," we mean any trade name, trademark, service mark or logo used to identify your restaurant. You may not use any Marks that we have not designated to identify your business.
Source: Item 13 — TRADEMARKS (FDD pages 28–30)
What This Means (2025 FDD)
According to Monicals Pizza's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from using any marks that the company has not designated for them to use. Monicals Pizza grants franchisees the right to operate under the Monical's Pizza® trademark, along with any other marks the company designates in writing. These marks can include trade names, trademarks, service marks, or logos used to identify the restaurant.
This restriction ensures brand consistency and quality control across all Monicals Pizza franchise locations. Franchisees must use the designated marks as the sole trade identification for their restaurant and cannot use any mark or part of a mark as part of their corporate or business entity name in any modified form. Additionally, franchisees cannot use any mark in connection with the sale of unauthorized products or services, or in any manner not authorized in writing by Monicals Pizza.
Furthermore, franchisees are prohibited from registering or attempting to register any of Monicals Pizza's marks, or any confusingly similar marks, with the USPTO or any state or foreign country. They also cannot establish or operate any website using a domain name containing "Monical's Pizza" or any variation thereof without prior written consent from Monicals Pizza. Unauthorized use of the marks constitutes a breach of the Franchise Agreement and an infringement of Monicals Pizza's rights. Franchisees also cannot contest the validity or ownership of the marks.