Who owns the "BAMBŪ®" service mark and other Marks used by Bambu?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
- MARKS, TRADE NAMES AND PROPRIETARY INTERESTS
- 15.1 Marks.
Franchisee acknowledges that Bambu has the sole right to own, license and control Franchisee's use of the "BAMBŪ® " service mark and other of the Marks, and that such Marks shall remain under the sole and exclusive ownership and control of Bambu.
Franchisee acknowledges that it has not acquired any right, title or interest in such Marks except for the right to use such marks in the operation of its Bambū shoppe as it is governed by this Agreement.
Except as permitted in the FRC Materials, Franchisee shall not use any of the Marks as part of an electronic mail address, or on any sites on the Internet and Franchisee shall not use or register any of the Marks as part of a domain name on the Internet.
- 15.2 No Use of Other Marks.
No service mark other than "BAMBŪ® " or such other Marks as may be specified by Bambu shall be used in the identification, marketing, promotion or operation of the Bambū shoppe.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, Bambu retains sole ownership and control over the "BAMBŪ®" service mark and other Marks. As a franchisee, you acknowledge that you're only granted the right to use these marks for operating your Bambu shop as outlined in the franchise agreement. You do not acquire any ownership or title to the marks themselves.
This means that while you can use the Bambu trademarks to run your franchised location, Bambu maintains ultimate authority over how these marks are used and protected. You're also obligated to notify Bambu of any potential infringement or unauthorized use of the marks. Bambu has the sole discretion to decide whether to take action against any infringement, and they will cover the costs of any legal action. You are required to cooperate fully with Bambu in any litigation related to the marks.
Furthermore, you cannot use any service mark other than "BAMBŪ®" or other marks specified by Bambu for your shop's identification, marketing, or promotion. You are also restricted from using any of the marks as part of an email address or domain name on the internet, unless explicitly permitted in the FRC (Franchise Relations Committee) Materials. This ensures that Bambu maintains a consistent brand image and prevents franchisees from creating potentially confusing or dilutive uses of the trademarks.
Bambu also has the right to change or discontinue the Marks and the Bambū system. If Bambu makes any changes to the marks or system, the franchisee is responsible for taking the necessary actions to comply with the changes at their own expense. This underscores the importance of staying updated with Bambu's brand standards and operational guidelines to maintain compliance and protect the integrity of the brand.