What obligations does a B Bops franchisee have regarding trademarks, as outlined in Item 9 and Item 13?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
Use of Marks. You will be licensed under the Franchise Agreement to use and display the Licensed Marks (including the "B-Bop's" mark and logo) in connection with operation of your Franchise. You will be required to comply at all times with the policies set forth in the Operations Manual regarding use and display of the Licensed Marks. You are prohibited from: (i) using any other trademark or trade name in connection with the Franchise, unless such use is first approved in writing by the Company; or (ii) displaying or otherwise using the Licensed Marks at any location other than the Franchise premises or in connection with any business or activity other than operation of the Franchise. In the event you are an entity such as a corporation, limited liability company or partnership, you are prohibited from using the words "B-Bop's" in your name. The Company may from time to time adopt additional marks and symbols and incorporate the same into the Licensed System for your use. Any registration of such additional marks or symbols shall be at the discretion of the Company. The Company also has the right, in its sole discretion, to require you to discontinue or modify use of any of the Licensed Marks within ninety (90) days of written notice from the Company. Any such modification or discontinuance will not provide you with any termination or other rights. Any reimbursement to you for expenses incurred in connection with such discontinuation or
modification shall be made at the Company's sole discretion.
Federal Registration. The "B-Bop's" name was registered by B-Bop's as a trademark and service mark on the Principal Register of the United States Patent and Trademark Office. The registration was issued on June 28, 1994 under Registration No. 1,841,942 and in 2004,2013 and 2024 the Company renewed the registration. The B-Bop's trademark and service mark along with the federal registration thereof and the related "B-Bop's" logo were assigned by B-Bop's to the Company on March 17, 1995. The Company also registered the B-Bop's "hamburger logo" as a trademark and service mark on the Principal Register of the United States Patent and Trademark Office. The B-Bop's "hamburger logo" registration was issued on December 7, 1999 under Registration No. 2,298,348 and in 2009 and 2019 the Company renewed the registration. The Company also registered the B-Bop's "building logo" as a trademark and service mark on the Principal Register of the United States Patent and Trademark Office. The B-Bop's "building logo" registration was issued on February 1, 2000 under Registration No. 2,314,516 and in 2009 and 2020 the Company renewed the registration. The Company has filed all affidavits that were required to be filed in connection with its trademark and service mark registrations. The Company has filed all renewals that were required to be filed in connection with the registrations.
Material Proceedings. There are no presently effective determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state or of any court, no pending infringement, opposition or cancellation proceedings nor any pending material litigation involving the Licensed Marks relevant to their use in any state.
Material Agreements. There are no agreements currently in effect which significantly limit the rights of the Company to use or license the use of the Licensed Marks in any manner material to the Franchise. Effective as of March 17, 1995, B-Bop's assigned ownership of the Licensed Marks and the Licensed System to the Company to enable the Company to franchise the B-Bop's Restaurant concept. As partial consideration for the assignment, the Company entered into a license agreement with B-Bop's granting a license to B-Bop's to use the Licensed Marks and the Licensed System in connection with operation of a B-Bop's Restaurant at any location with respect to which the Company has not previously granted exclusive development rights or exclusive franchise rights to construct and operate a B-Bop's Restaurant.
What This Means (2025 FDD)
According to the 2025 B Bops Franchise Disclosure Document, franchisees have several obligations regarding the brand's trademarks. B Bops grants franchisees a license to use and display the Licensed Marks, including the "B-Bop's" mark and logo, but this use must comply with the policies in the Operations Manual. Franchisees cannot use any other trademark or trade name without B Bops's written approval, nor can they display the Licensed Marks outside of the franchise premises or in connection with any unauthorized business. Franchisees operating as a corporation, LLC, or partnership are also prohibited from including "B-Bop's" in their business name. B Bops retains the right to add to or require discontinuation/modification of the Licensed Marks, with any modifications or discontinuance not providing the franchisee with any termination or other rights.
B Bops franchisees must acknowledge the importance of maintaining and enhancing the goodwill associated with the Licensed Marks. Their use of these marks must adhere to the Operations Manual and be limited to the operation of the franchise on the franchise premises. Franchisees are prohibited from using, displaying, or imitating the Licensed Marks for any unauthorized goods or services without prior written consent from B Bops. They must also 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.
Furthermore, franchisees are obligated to notify B Bops immediately 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 over any action taken regarding such challenges, claims, or infringements, including exclusive control over any related litigation. Franchisees are required to 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 the protection and proper use of the B Bops brand and trademarks.