Common use of Franchisee's Business Name Clause in Contracts

Franchisee's Business Name. The Franchisee acknowledges that the Franchisor has a prior and superior claim to the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name. The Franchisee shall not use the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE FACTORY” or abbreviations thereof in the legal name of its corporation, partnership or any other business entity used in conducting the business provided for in this Agreement. The Franchisee also agrees not to register or attempt to register a trade name using the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE FACTORY” or abbreviations thereof in the Franchisee’s name or that of any other person or business entity, without the prior written consent of the Franchisor. When this Agreement is terminated, the Franchisee shall execute any assignment or other document the Franchisor requires to transfer to itself any rights the Franchisee may possess in a trade name utilizing any or all of the words “ROCKY MOUNTAIN CHOCOLATE FACTORY,” any abbreviations thereof or any other Mxxx owned by the Franchisor. The Franchisee further agrees that it will not identify itself as being “Rocky Mountain Chocolate Factory, Inc.” or as being associated with the Franchisor in any manner other than as a franchisee or licensee. The Franchisee further agrees that in all advertising and promotion and promotional materials it will display its business name only in obvious conjunction with the phrase “ROCKY MOUNTAIN CHOCOLATE FACTORY Licensee” or “ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee” or with such other words and in such other phrases as may from time to time be prescribed in the Operations Manual, in the Franchisor’s sole discretion.

Franchisee's Business Name. The Franchisee acknowledges that the Franchisor has a prior and superior claim to the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name. The Franchisee shall not use the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE FACTORY” or abbreviations thereof in the legal name of its corporation, partnership or any other business entity used in conducting the business provided for in this Agreement. The Franchisee also agrees not to register or attempt to register a trade name using the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE FACTORY” or abbreviations thereof in the Franchisee’s name or that of any other person or business entity, without the prior written consent of the Franchisor. When this Agreement is terminated, the Franchisee shall execute any assignment or other document the Franchisor requires to transfer to itself any rights the Franchisee may possess in a trade name utilizing any or all of the words “ROCKY MOUNTAIN CHOCOLATE FACTORY,” any abbreviations thereof or any other Mxxx Xxxx owned by the Franchisor. The Franchisee further agrees that it will not identify itself as being “Rocky Mountain Chocolate Factory, Inc.” or as being associated with the Franchisor in any manner other than as a franchisee or licensee. The Franchisee further agrees that in all advertising and promotion and promotional materials it will display its business name only in obvious conjunction with the phrase “ROCKY MOUNTAIN CHOCOLATE FACTORY Licensee” or “ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee” or with such other words and in such other phrases as may from time to time be prescribed in the Operations Manual, in the Franchisor’s sole discretion.

Franchisee's Business Name. The Franchisee acknowledges that the Franchisor has a prior and superior claim to the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name. The Franchisee shall not use the phrase or two or more of the words “"ROCKY MOUNTAIN CHOCOLATE FACTORY” " or abbreviations thereof in the legal name of its corporation, partnership or any other business entity used in conducting the business provided for in this Agreement. The Franchisee also agrees not to register or attempt to register a trade name using the phrase or two or more of the words “"ROCKY MOUNTAIN CHOCOLATE FACTORY” " or abbreviations thereof in the Franchisee’s 's name or that of any other person or business entity, without the prior written consent of the Franchisor. When this Agreement is terminated, the Franchisee shall execute any assignment or other document the Franchisor requires to transfer to itself any rights the Franchisee may possess in a trade name utilizing any or all of the words “"ROCKY MOUNTAIN CHOCOLATE FACTORY,” " any abbreviations thereof or any other Mxxx Xxxx owned by the Franchisor. The Franchisee further agrees that it will not identify itself as being “"Rocky Mountain Chocolate Factory, Inc.” " or as being associated with the Franchisor in any manner other than as a franchisee or licensee. The Franchisee further agrees that in all advertising and promotion and promotional materials it will display its business name only in obvious conjunction with the phrase “"ROCKY MOUNTAIN CHOCOLATE FACTORY Licensee” " or “"ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee” " or with such other words and in such other phrases as may from time to time be prescribed in the Operations Manual, in the Franchisor’s 's sole discretion.

Franchisee's Business Name. The Franchisee acknowledges that the Franchisor has a prior and superior claim to the ROCKY MOUNTAIN CHOCOLATE FACTORY FRANCHISOR’S MARK trade name. The Franchisee shall not use the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE FACTORYFRANCHISOR’S MARK” or abbreviations thereof in the legal name of its corporation, partnership or any other business entity used in conducting the business provided for in this Agreement. The Franchisee also agrees not to register or attempt to register a trade name using the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE FACTORYFRANCHISOR’S MARK” or abbreviations thereof in the Franchisee’s name or that of any other person or business entity, without the prior written consent of the Franchisor. When this Agreement is terminated, the Franchisee shall execute any assignment or other document the Franchisor requires to transfer to itself any rights the Franchisee may possess in a trade name utilizing any or all of the words “ROCKY MOUNTAIN CHOCOLATE FACTORYFRANCHISOR’S MARK,” any abbreviations thereof or any other Mxxx Mark owned by the Franchisor. The Franchisee further agrees that it will not identify itself as being “Rocky Mountain Chocolate Factory, Inc.“ [FRANCHISOR company] ” or as being associated with the Franchisor in any manner other than as a franchisee or licensee. The Franchisee further agrees that in all advertising and promotion and promotional materials it will display its business name only in obvious conjunction with the phrase “ROCKY MOUNTAIN CHOCOLATE FACTORY FRANCHISOR’S MARK Licensee” or “ROCKY MOUNTAIN CHOCOLATE FACTORY FRANCHISOR’S MARK Franchisee” or with such other words and in such other phrases as may from time to time be prescribed in the Operations Manual, in the Franchisor’s sole discretion.

Franchisee's Business Name. The Franchisee acknowledges that the Franchisor has a prior and superior claim to the ROCKY MOUNTAIN CHOCOLATE FACTORY FRANCHISOR’S XXXX trade name. The Franchisee shall not use the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE FACTORYFRANCHISOR’S XXXX” or abbreviations thereof in the legal name of its corporation, partnership or any other business entity used in conducting the business provided for in this Agreement. The Franchisee also agrees not to register or attempt to register a trade name using the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE FACTORYFRANCHISOR’S XXXX” or abbreviations thereof in the Franchisee’s name or that of any other person or business entity, without the prior written consent of the Franchisor. When this Agreement is terminated, the Franchisee shall execute any assignment or other document the Franchisor requires to transfer to itself any rights the Franchisee may possess in a trade name utilizing any or all of the words “ROCKY MOUNTAIN CHOCOLATE FACTORYFRANCHISOR’S XXXX,” any abbreviations thereof or any other Mxxx Xxxx owned by the Franchisor. The Franchisee further agrees that it will not identify itself as being “Rocky Mountain Chocolate Factory, Inc.________[FRANCHISOR company] ” or as being associated with the Franchisor in any manner other than as a franchisee or licensee. The Franchisee further agrees that in all advertising and promotion and promotional materials it will display its business name only in obvious conjunction with the phrase “ROCKY MOUNTAIN CHOCOLATE FACTORY FRANCHISOR’S XXXX Licensee” or “ROCKY MOUNTAIN CHOCOLATE FACTORY FRANCHISOR’S XXXX Franchisee” or with such other words and in such other phrases as may from time to time be prescribed in the Operations Manual, in the Franchisor’s sole discretion.

Franchisee's Business Name. The Franchisee acknowledges that the Franchisor has a prior and superior claim to the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name. The Franchisee shall not use the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE FACTORY” or abbreviations thereof in the legal name of its corporation, partnership or any other business entity used in conducting the business provided for in this Agreement. The Franchisee Xxxxxxxxxx also agrees not to register or attempt to register a trade name using the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE FACTORY” or abbreviations thereof in the Franchisee’s name or that of any other person or business entity, without the prior written consent of the Franchisor. When this Agreement is terminated, the Franchisee shall execute any assignment or other document the Franchisor requires to transfer to itself any rights the Franchisee may possess in a trade name utilizing any or all of the words “ROCKY MOUNTAIN CHOCOLATE FACTORY,” any abbreviations thereof or any other Mxxx Mark owned by the Franchisor. The Franchisee further agrees that it will not identify itself as being “Rocky Mountain Chocolate Factory, Inc.” or as being associated with the Franchisor in any manner other than as a franchisee or licensee. The Franchisee further agrees that in all advertising and promotion and promotional materials it will display its business name only in obvious conjunction with the phrase “ROCKY MOUNTAIN CHOCOLATE FACTORY Licensee” or “ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee” or with such other words and in such other phrases as may from time to time be prescribed in the Operations Manual, in the Franchisor’s sole discretion.

Franchisee's Business Name. The Franchisee acknowledges that the Franchisor has a prior and superior claim to the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name. The Franchisee shall not use the phrase or two or more of the words “"ROCKY MOUNTAIN CHOCOLATE FACTORY” " or abbreviations thereof in the legal name of its corporation, partnership or any other business entity used in conducting the business provided for in this Agreement. The Franchisee also agrees not to register or attempt to register a trade name using the phrase or two or more of the words “"ROCKY MOUNTAIN CHOCOLATE FACTORY” " or abbreviations thereof in the Franchisee’s 's name or that of any other person or business entity, without the prior written consent of the Franchisor. When this Agreement is terminated, the Franchisee shall execute any assignment or other document the Franchisor requires to transfer to itself any rights the Franchisee may possess in a trade name utilizing any or all of the words “ROCKY MOUNTAIN CHOCOLATE FACTORY,” , any abbreviations thereof or any other Mxxx Mark owned by the Franchisor. The Franchisee further agrees that it will wxxx not identify itself as being “"Rocky Mountain Chocolate Factory, Inc.” " or as being associated with the Franchisor in any manner other than as a franchisee or licensee. The Franchisee further agrees that in all advertising and promotion and promotional materials it will display its business name only in obvious conjunction with the phrase “"ROCKY MOUNTAIN CHOCOLATE FACTORY Licensee” " or “"ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee” " or with such other words and in such other phrases as may from time to time be prescribed in the Operations Manual, in the Franchisor’s 's sole discretion.

Franchisee's Business Name. The Franchisee acknowledges that the Franchisor has a prior and superior claim to the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name. The Franchisee shall not use the phrase or two or more of the words “"ROCKY MOUNTAIN CHOCOLATE FACTORY” or abbreviations thereof " in the legal name of its corporation, partnership or any other business entity used in conducting the business provided for in this Agreement. The Franchisee also agrees not to register or attempt to register a trade name using the phrase or two or more of the words “word "ROCKY MOUNTAIN CHOCOLATE FACTORY” or abbreviations thereof " in the Franchisee’s 's name or that of any other person or business entity, without the prior written consent of the Franchisor. When this Agreement is terminated, the Franchisee shall execute any assignment or other document the Franchisor requires to transfer to itself any rights the Franchisee may possess in a trade name utilizing any or all of the words “word ROCKY MOUNTAIN CHOCOLATE FACTORY,” any abbreviations thereof FACTORY or any other Mxxx Xxxx owned by the Franchisor. The Franchisee further agrees that it will not identify itself as being “"Rocky Mountain Chocolate Factory, Inc.” " or as being associated with the Franchisor in any manner other than as a franchisee or licensee. The Franchisee further agrees that in all advertising and promotion and promotional materials it will display its business name only in obvious conjunction with the phrase “"ROCKY MOUNTAIN CHOCOLATE FACTORY Licensee” " or “"ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee” " or with such other words and in such other phrases as may from time to time be prescribed in the Operations Manual, in the Franchisor’s 's sole discretion.

Franchisee's Business Name. The Franchisee acknowledges that the Franchisor has a prior and superior claim to the ROCKY MOUNTAIN CHOCOLATE FUZZIWIG'S-TM- CANDY FACTORY trade name. The Franchisee shall not use the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE "FUZZIWIG'S-TM- CANDY FACTORY” or abbreviations thereof " in the legal name of its corporation, partnership or any other business entity used in conducting the business provided for in this Agreement. The Franchisee also agrees not to register or attempt to register a trade name using the phrase or two or more of the words “ROCKY MOUNTAIN CHOCOLATE word "FUZZIWIG'S-TM- CANDY FACTORY” or abbreviations thereof " in the Franchisee’s 's name or that of any other person or business entity, without the prior written consent of the Franchisor. When this Agreement is terminated, the Franchisee shall execute any assignment or other document the Franchisor requires to transfer to itself any rights the Franchisee may possess in a trade name utilizing any or all of the words “ROCKY MOUNTAIN CHOCOLATE FACTORY,” any abbreviations thereof word FUZZIWIG'S-TM- CANDY FACTORY or any other Mxxx Xxxx owned by the Franchisor. The Franchisee further agrees that it will not identify itself as being “Rocky Mountain Chocolate "Fuzziwig's Candy Factory, Inc.” " or as being associated with the Franchisor in any manner other than as a franchisee or licensee. The Franchisee further agrees that in all advertising and promotion and promotional materials it will display its business name only in obvious conjunction with the phrase “ROCKY MOUNTAIN CHOCOLATE "FUZZIWIG'S-TM- CANDY FACTORY Licensee” " or “ROCKY MOUNTAIN CHOCOLATE "FUZZIWIG'S-TM- CANDY FACTORY Franchisee” " or with such other words and in such other phrases as may from time to time be prescribed in the Operations Manual, in the Franchisor’s 's sole discretion.

Franchisee's Business Name. The Franchisee acknowledges that the Franchisor has a prior and superior claim to the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name. The Franchisee shall not use the phrase or two or more of the words “"ROCKY MOUNTAIN CHOCOLATE FACTORY” " or abbreviations thereof in the legal name of its corporation, partnership or any other business entity used in conducting the business provided for in this Agreement. The Franchisee also agrees not to register or attempt to register a trade name using the phrase or two or more of the words “"ROCKY MOUNTAIN CHOCOLATE FACTORY” " or abbreviations thereof in the Franchisee’s 's name or that of any other person or business entity, without the prior written consent of the Franchisor. When this Agreement is terminated, the Franchisee shall execute any assignment or other document the Franchisor requires to transfer to itself any rights the Franchisee may possess in a trade name utilizing any or all of the words “"ROCKY MOUNTAIN CHOCOLATE FACTORY,” " any abbreviations thereof or any other Mxxx Mark owned by the Franchisor. The Franchisee further agrees that it will wxxx not identify itself as being “"Rocky Mountain Chocolate Factory, Inc.” " or as being associated with the Franchisor in any manner other than as a franchisee or licensee. The Franchisee further agrees that in all advertising and promotion and promotional materials it will display its business name only in obvious conjunction with the phrase “"ROCKY MOUNTAIN CHOCOLATE FACTORY Licensee” " or “"ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee” " or with such other words and in such other phrases as may from time to time be prescribed in the Operations Manual, in the Franchisor’s 's sole discretion.