Must a Bambu franchisee use the mark 'BAMBŪ' as the principal identification of their shoppe?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
o use these trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses.
You must use the mark "BAMBŪ" as the principal identification of your Bambū shoppe. You must also identify yourself as an independent owner of the shoppe, however, in the manner as we may require. You may not use any of the Marks or words that are confusingly similar to the Mark as part of any corporate or trade name or with any prefix to identify unauthorized services or products or in any other manner not expressly authorized in writing by us. Except as permitted in the FRC Materials, you may not use any of the Marks as part of an electronic mail address or on any sites on the Internet and you may not use or register any of the Marks as part of a domain name on the Internet. You must modify or discontinue your use of the Marks if we require modification or discontinuance, at your own expense.
As of the date of this Disclosure Document, 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 any court, any pending infringement, opposition or cancellation proceedings or material litigation involving the Marks.
We have filed all required affidavits for the registered Marks. The registrations for the above listed Marks have been renewed as necessary to keep these registrations in effect. We intend to continue to renew our Mark registrations at the appropriate time.
No agreements limit our right to use or license the use of the Marks.
You should bring any uses of names or marks confusingly similar to the Marks to our attention immediately.
We are aware of other businesses that use names similar to the Marks in certain areas. Some of these other businesses have federally registered trademarks covering similar goods and services such as restaurants and coffee products. As a result, there may be superior prior rights or infringing uses that could materially affect the use of the Marks in certain areas. We strongly urge you to research this possibility, using telephone directories, local filings and other means, before you sign the Franchise Agreement or any other documents related to your business, or expending or paying any sums or making any commitments concerning your business. If you fail to do so, you may be at risk.
The Franchise Agreement does not obligate us to protect you against claims of infringement or unfair competition with respect to your use of the Marks. We reserve the right, in our sole discretion, to take any actions that we deem necessary or appropriate to protect the Marks.
Source: Item 13 — (FDD pages 40–42)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, franchisees must use the trademark "BAMBŪ" as the primary identifier for their Bambu location. However, franchisees are also required to identify themselves as independent owners of the store in a manner specified by Bambu. This means that while the Bambu brand name must be prominent, the franchisee's independent ownership must also be acknowledged. Franchisees are restricted from using any marks or words that could be confusingly similar to the Bambu trademark in any unauthorized way, including corporate or trade names, prefixes, or to identify unauthorized products or services, unless expressly approved in writing by Bambu.
Furthermore, the FDD specifies restrictions on using the trademarks in electronic communications. Franchisees are generally prohibited from using the marks as part of an email address or on internet sites, and they cannot register any of the marks as part of a domain name, except as permitted in the FRC (Franchise Resource Center) Materials. This is a common practice to maintain brand consistency and control over the brand's online presence. Bambu retains the right to require franchisees to modify or discontinue their use of the marks, and the franchisee is responsible for any expenses associated with such changes.
Bambu also addresses the potential for conflicts with other businesses using similar names. The FDD acknowledges that other businesses may use similar names, some of which may have federally registered trademarks for related goods and services. Bambu urges prospective franchisees to conduct thorough research to assess the risk of potential conflicts before signing any agreements or making any commitments. While the Franchise Agreement does not obligate Bambu to protect franchisees against infringement claims, Bambu reserves the right to take action to protect the marks and the franchisee's right to use them, covering associated costs like attorney's fees and court costs for litigation they initiate or defend on the franchisee's behalf. Franchisees are required to cooperate in any litigation and must report any potential infringement or challenges to Bambu immediately.