What is the B Bops Franchisee's responsibility regarding the Licensed Marks?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges and agrees that Franchisee has a duty and that it is in Franchisee's best interest to maintain and enhance the goodwill inherent in the Licensed Marks. Franchisee accordingly agrees that its use of the Licensed Marks shall comply with the policies set forth in the Operations Manual and be limited solely to display in connection with operation of the Franchise on the Franchise Premises. Franchisee agrees not to use, display or imitate the Licensed Marks in connection with any goods or services not authorized for the Licensed System, except with the prior written consent of Company. Franchisee further agrees not to use the words "B-Bop's" as a part of the name of any partnership, corporation or limited liability company through which the Franchise is to be owned or operated. Franchisee shall use no trademark, trade name or service mark in connection with the Franchise other than the Licensed Marks, unless such use is first approved in writing by Company. Franchisee shall, when using the Licensed Marks, comply with all laws pertaining to trade names, trademarks and service marks, including marking all documents and materials showing registration to Company. Company may from time to time add to the Licensed Marks by notifying Franchisee of such additions in writing, and said additions shall, for purposes of this Agreement, be classified as Licensed Marks. Company shall additionally have the right, in its sole discretion, to require Franchisee to discontinue or modify use of any of the Licensed Marks within thirty (30) days of receipt of written notice from Company.
Franchisee agrees to immediately notify Company in writing of the following: (a) any challenge to Franchisee's use of the Licensed Marks; (b) any claim by a third party to rights in any of the Licensed Marks (or confusingly similar marks) that comes to the attention of Franchisee; or (c) any apparent infringement of the Licensed Marks that comes to the attention of Franchisee. Company shall have complete discretion in taking such action as it may deem appropriate upon notification of any such challenge, claim or infringement, and shall have exclusive control over any litigation or other proceeding instituted with respect to the Licensed Marks. Franchisee agrees to cooperate with Company in investigating, prosecuting or defending any action involving any of the Licensed Marks or other trade secrets of Company.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 B Bops Franchise Disclosure Document, the franchisee has a duty to maintain and enhance the goodwill associated with the Licensed Marks. The franchisee's use of these marks must comply with the policies outlined in the Operations Manual and be limited to the operation of the franchise at the designated Franchise Premises. The franchisee cannot use, display, or imitate the Licensed Marks for any unauthorized goods or services without prior written consent from B Bops. Additionally, the franchisee is prohibited from using "B-Bop's" as part of the name of any business entity through which the franchise is owned or operated, and they must use only approved trademarks, trade names, or service marks in connection with the franchise. When using the Licensed Marks, the franchisee must comply with all laws pertaining to trade names, trademarks, and service marks, including properly marking all documents and materials to show registration to B Bops. B Bops may add to or require the franchisee to discontinue or modify the use of any Licensed Marks with written notice.
The franchisee is required to immediately notify B Bops in writing of any challenges to their use of the Licensed Marks, any third-party claims to rights in the Licensed Marks (or confusingly similar marks), or any apparent infringement of the Licensed Marks. B Bops has complete discretion in taking action on such notifications and has exclusive control over any litigation related to the Licensed Marks. The franchisee must cooperate with B Bops in investigating, prosecuting, or defending any action involving the Licensed Marks or other trade secrets of B Bops.
These stipulations ensure that the B Bops brand maintains a consistent and protected identity. For a prospective franchisee, this means adhering strictly to B Bops's guidelines for using its trademarks and trade names, being vigilant about protecting the brand from infringement, and cooperating with B Bops in any legal matters concerning the brand. Failure to comply with these requirements could result in legal repercussions or termination of the franchise agreement.