What is the meaning of 'Licensed Marks' in the context of the Mrcool franchise agreement?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
"Licensed Marks" refers to and means the trademarks, service marks, emblems and indicia of origin, including the "MRCOOL" trademark, the MRCOOL logo, Trade Dress, and other trade names, service marks, trademarks, logos, slogans and designs authorized by us in connection with the identification of MRCOOL Centers and the Approved Services and Products, provided that such trade names, trademarks, service marks, logos and designs are subject to modification, replacement and discontinuance by us in our Reasonable Business Judgment.
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, "Licensed Marks" refer to the trademarks, service marks, emblems, and indicia of origin used to identify Mrcool Centers and their approved services and products. These marks include the "MRCOOL" trademark, the MRCOOL logo, trade dress, and other trade names, service marks, trademarks, logos, slogans, and designs authorized by Mrcool.
For a prospective franchisee, understanding the scope of the Licensed Marks is crucial because it defines the branding and identity they are authorized to use. This authorization allows franchisees to benefit from Mrcool's established brand recognition and reputation. However, the FDD also states that these marks are subject to modification, replacement, and discontinuance by Mrcool based on their reasonable business judgment.
This condition means that Mrcool retains the right to change its branding, logos, or other identifying marks, which could require franchisees to update their signage, marketing materials, and other branded items to comply with the new standards. While this is a fairly standard practice in franchising to maintain brand consistency and relevance, it's important for franchisees to be aware that they may incur costs associated with rebranding efforts if Mrcool decides to modify its Licensed Marks.