Does Bambu have a prior claim to the "Bambū" trade name?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges that Bambu and affiliates of Bambu have a prior and superior claim to the "Bambū" trade name.
Franchisee shall not use the word "Bambū" or words that are confusingly similar, in the legal name of its corporation, partnership, limited liability company or any other business entity used in conducting the business provided for in this Agreement.
Franchisee also agrees not to register or attempt to register a trade name using the word "Bambu," "Bambū," or words that are confusingly similar, in Franchisee's name or that of any other person or business entity, without prior written consent of Bambu.
Franchisee shall not hold itself out as "Bambu Franchising LLC," "Chè," "Bambu Dessert Drinks," "Bambu," "Bambū," or as being associated with Bambu in any manner other than as a franchisee or licensee or as being associated with any affiliate of Bambu and shall comply with the terms of Section 20.1.
Franchisee shall, in all advertising and promotion, promotional materials, letterhead, and e-mails, display its business name only in obvious conjunction with the phrase "Bambū Licensee" or "Bambū Franchisee" or with such other words and in such other phrases to identify itself as an independent owner of the Bambū shoppe, as may from time to time be prescribed in the FRC Materials.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, Bambu and its affiliates assert a prior and superior claim to the "Bambū" trade name. As a franchisee, you acknowledge this claim. This means that Bambu has established rights to the trade name before any franchisee.
This acknowledgement has several implications for a prospective franchisee. Firstly, the franchisee cannot use "Bambū" or any confusingly similar words in the legal name of their business entity. Secondly, the franchisee is prohibited from registering or attempting to register any trade name using "Bambu," "Bambū," or similar terms without Bambu's prior written consent. This restriction ensures that the franchisee does not infringe upon Bambu's established trademark rights.
Furthermore, the franchisee must identify themselves as a "Bambū Licensee" or "Bambū Franchisee" in all advertising and promotional materials. This requirement reinforces the franchisee's status as an independent owner operating under Bambu's licensed brand. Bambu also retains the right to modify or alter its marks and system, and franchisees are obligated to comply with these changes at their own expense. These stipulations are typical in franchising to protect the brand's identity and ensure consistent representation across all franchise locations.