What is the definition of 'Marks' in relation to the Bambu franchise?

According to Bambu's 2025 Franchise Disclosure Document, the term "Marks" refers to the mark "BAMBŪ®" and related service marks, trade names, and trademarks used in conjunction with Bambu's fast-casual beverage businesses. These businesses specialize in Vietnamese dessert drinks (Chè), Vietnamese-style coffee drinks (Cà Phê), Vietnamese-style blended yogurts (Yonami), Asian-inspired teas (including Taiwanese bubble tea), and real fruit smoothies (Sinh Tố), along with mochi waffles and other complementary snack, food, and dessert items. The Marks are integral to the identity and branding of Bambu shoppes.

Bambu grants franchisees the right to use these Marks and the Bambu system in the establishment and operation of their Bambu shoppes. However, franchisees must adhere to the standards and specifications set by Bambu, ensuring consistency across all franchised locations. This includes using only approved service marks and adhering to Bambu's guidelines for marketing, promotion, and overall operation of the shoppe. Franchisees are obligated to protect these Marks by notifying Bambu of any potential infringement or illegal use by others.

Bambu retains significant control over the Marks and the Bambu system, including the right to modify and further develop them. They also reserve the right to take legal action against any infringement, bearing the costs of such actions. Franchisees are required to cooperate fully with Bambu in any litigation related to the protection of the Marks. This framework ensures that Bambu maintains the integrity and value of its brand, while franchisees benefit from the established recognition and reputation associated with the Marks.

Bambu also reserves the right to use the Marks to identify other products and services distributed through alternative channels, such as wholesale, retail, internet marketing, and social media. They can also license the use of different proprietary marks or methods if Bambu acquires or is acquired by another business. This allows Bambu to expand its brand presence and offerings beyond traditional shoppes, providing flexibility in response to market changes and opportunities.