What compliance rules must a franchisee follow when using the names and Marks of Noodles & Company?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
fringements, opposition or cancellation proceedings or any pending material litigation, involving the Principal Marks.
You must use all names and Marks in full compliance with rules determined by Noodles & Company. You may not use any name or Mark as part of any corporate name or other business name or with any prefix, suffix or other modifying words, terms, designs or symbols, other than logos Noodles & Company licenses to you and the name or other approved designation in the Development Area in which the Noodles & Company restaurant is located. In addition, you may not use any name or Mark, in or to
attempt or to accomplish the sale of, any unauthorized product or service or in any other manner that Noodles & Company has not explicitly authorized in writing.
There are no agreements currently in effect that significantly limit the rights of Noodles & Company to use or license the use of the mark "Noodles & Company" or the logo design in any manner material to the franchise. Noodles & Company does not know of either superior prior rights or infringing uses of the Marks that could materially affect your use of the Marks.
If it becomes advisable at any time for us and/or you to modify or discontinue use of any Mark and/or use one or more additional or substitute trademarks, service marks or trade dress, you must comply with our directions within a reasonable time after notice. You must bear all costs and expenses applicable to your Noodles & Company restaurant should we decide to modify the Marks or adopt new marks. We will have no liability or obligation regarding any required modification or discontinuance of any Mark or the promotion of a substitute trademark, service mark or trade dress.
You must immediately notify us of any apparent infringement of or challenge to your use of any Mark or claim by any person of any rights to any Mark, and you must not communicate with any person other than your legal counsel, us, our affiliate, if applicable, and our respective legal counsel regarding any infringement, challenge or claim. We, and our affiliate, if applicable, will have sole discretion to take any action we deem appropriate and will have the right to control exclusively any litigation or USPTO or other administrative proceeding arising out of any infringement, challenge or claim or otherwise pertaining to any Mark. You must sign all instruments and documents, provide assistance and do all acts and things as, in the opinion of our, or our affiliate's, if applicable, legal counsel, may be necessary or advisable to protect our, or our applicable affiliate's, interests in any litigation or USPTO or other administrative proceeding or otherwise to protect its interests in the Marks.
We will indemnify you against, and reimburse you for, all damages for which you are held liable in any proceeding arising out of your authorized use of any Mark under the Franchise Agreement in the United States as to any United States third-party rights to the Marks and, except as provided in the Franchise Agreement, for all costs you reasonably incur in defending any claim brought against you or any proceeding in which you are named as a party, if you have timely notified us of the claim or proceeding and you and your owners are in compliance with the Franchise Agreement and all other agreements entered into with us and our affiliate, if applicable. At our, and our applicable affiliate's sole discretion, we will be entitled to prosecute, defend or settle any proceeding arising out of your use of any Mark, and, if we, and our affiliate, if applicable, decides to prosecute, defend or settle any matter, we will have no obligation to indemnify or reimburse you for any fees or disbursements of counsel you retain.
Social Media.
Source: Item 13 — TRADEMARKS (FDD pages 53–58)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, franchisees must adhere to specific rules when using the company's names and Marks. Noodles & Company retains control over how its brand is represented, and franchisees must comply with these standards. Franchisees are required to use all names and Marks in full compliance with the rules determined by Noodles & Company. A franchisee cannot use any name or Mark as part of any corporate name or other business name or with any prefix, suffix or other modifying words, terms, designs or symbols, other than logos Noodles & Company licenses to you and the name or other approved designation in the Development Area in which the Noodles & Company restaurant is located. Franchisees also cannot use any name or Mark to attempt the sale of any unauthorized product or service or in any other manner that Noodles & Company has not explicitly authorized in writing.
Noodles & Company also maintains strict control over the use of its Marks on social media. Franchisees may not promote, offer, or sell any products or services related to their Noodles & Company restaurant through the Internet, social media, or other technological avenues without prior written consent from Noodles & Company, which can be withheld for any reason. Franchisees must comply with Noodles & Company's social media policy, as modified periodically, and any use of social media relating to the Noodles & Company Restaurant is subject to Noodles & Company's prior written approval. Franchisees may not establish an independent site or page on any social media without prior written consent, and if authorized, the site or page may only be accessed from Noodles & Company's official site or page.
If Noodles & Company decides to modify or discontinue the use of any Mark, franchisees must comply with the company's directions within a reasonable time after notice. Franchisees are responsible for all costs and expenses related to their Noodles & Company restaurant if the company decides to modify the Marks or adopt new marks, and Noodles & Company has no liability or obligation regarding any required modification or discontinuance of any Mark or the promotion of a substitute trademark, service mark, or trade dress. Franchisees must immediately notify Noodles & Company of any apparent infringement or challenge to their use of any Mark and must not communicate with any person other than their legal counsel, Noodles & Company, its affiliate, and their respective legal counsel regarding any infringement, challenge, or claim. Noodles & Company will have sole discretion to take any action it deems appropriate and will have the right to control exclusively any litigation or USPTO or other administrative proceeding arising out of any infringement, challenge, or claim or otherwise pertaining to any Mark.