What rights does a Bambu franchisee receive regarding the use of the Marks?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
a different name or trademark, although, as just stated, we reserve the right to do so.
ITEM 13
TRADEMARKS
We license to you the nonexclusive right to use the Marks, including the following trademarks that are registered on the Principal Register of the United States Patent and Trademark Office ("USPTO"):
| Mark | Registration No. | Registration Date | |---|---|---| | BAMBŪ | Reg. No. 5,321,756 | October 31, 2017 | | BAMBU | Reg. No. 4,792,688 | August 18, 2015 |
| Mark | Registration No. | Registration Date | |---|---|---| | | Reg. No. 5,321,760 | October 31, 2017 | | YONAMI | Reg. No. 7,534,752 | October 15, 2024 | In addition to those Marks listed above, we claim common law service or trademark rights to a number of other words, phrases, or designs that you may use in your Bambū shoppe. The following statements apply solely to any unregistered trademarks and service marks: We do not have a federal registration for these trademarks. Therefore these trademarks do not have as many legal benefits and rights as federally registered trademarks. If our right to 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.
Source: Item 13 — (FDD pages 40–42)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, franchisees are granted a nonexclusive right to use Bambu's trademarks, including those registered with the United States Patent and Trademark Office. Specifically, the registered trademarks include "BAMBŪ" (Reg. No. 5,321,756, registered October 31, 2017) and "BAMBU" (Reg. No. 4,792,688, registered August 18, 2015). Another registered mark is "YONAMI" (Reg. No. 7,534,752, registered October 15, 2024). Bambu also claims common law service or trademark rights to other unregistered words, phrases, or designs used in the shoppe. However, these unregistered trademarks do not have as many legal benefits and rights as federally registered trademarks. If the right to use these unregistered trademarks is challenged, franchisees may have to change to an alternative trademark, potentially increasing their expenses.
Franchisees must use the mark "BAMBŪ" as the principal identification of their Bambū shoppe and must identify themselves as independent owners. Franchisees are restricted from using the marks or confusingly similar words as part of any corporate or trade name, to identify unauthorized services or products, or in any manner not expressly authorized by Bambu in writing. Unless permitted in the FRC Materials, franchisees cannot use the marks as part of an email address or on internet sites, nor can they register the marks as part of a domain name. Bambu retains the right to require franchisees to modify or discontinue their use of the marks, at the franchisee's own expense.
Bambu retains significant control over the trademarks. The Franchise Agreement does not obligate Bambu to protect franchisees against claims of infringement or unfair competition related to the use of the marks. However, Bambu reserves the right to take actions deemed necessary to protect the marks and will cover the costs of litigation it decides to pursue or defend on the franchisee's behalf. Franchisees must cooperate with Bambu in any litigation. Any apparent infringement or challenge to the use of any mark must be reported to Bambu immediately, and franchisees may not communicate with anyone other than Bambu or its counsel regarding such matters without written consent. Bambu has sole discretion to take appropriate action and control any litigation or administrative proceeding related to any mark.
Prospective franchisees should be aware that Bambu is aware of other businesses using similar names in certain areas, some of which have federally registered trademarks for similar goods and services. This could lead to potential conflicts and affect the franchisee's use of the marks. Bambu urges franchisees to research this possibility before signing any agreements or making any commitments. Overall, while franchisees are granted the right to use Bambu's trademarks, this right is subject to numerous restrictions and the ultimate control of Bambu, which is a fairly typical arrangement in franchising.