What must a Bananas Smoothies Frozen Yogurt franchisee do with the Marks as an assumed name?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
ient food, supplies and personnel to operate the Restaurant at maximum capacity and efficiency;
- (ix) To file or register, as an assumed name, the Marks, as may be appropriate when utilized in connection with the operation of the Restaurant, and any such required filings shall clearly indicate, and shall not be construed as granting Franchisee any right, title or interest, other than the license to use such names as granted in this Agreement, in or to such names;
- (x) To operate the Restaurant under the Mark(s), as determined and instructed by Franchisor, and under no other name. However, such usage shall not be construed as granting Franchisee any right, title or interest in such names other than pursuant to the terms and conditions contained in the license granted in this Agreement;
- (xi) To use and display the Marks prominently and in such manner as may, from time to time, be directed in writing by Franchisor and not to use or display any other trade name, trademark, service mark, logo or designation;
- (xii) To deal fairly and honestly with the public and with Franchisor;
- (xiii) To require the Restaurant Manager to devote his full-time and best efforts to the operation of the Restaurant;
- (xiv) To pay, when due, any fines fees, penalties and taxes in connection with the operation of the Restaurant;
- (xv) To conform to all standards of quality and service prescribed by Franchisor, so as to sustain the good will and prestige that the Marks enjoy with the public.
- (b) Franchisee shall serve all the specified menu items described in Franchisor's Confidential Operations & Training Manual, except insofar as Franchisor may, in writing, consent to the elimination of one or more of such menu items. All menu items shall be prepared and served in accordance with the recipes and specifications contained in such Confidential Operations & Training Manual, or as otherwise directed by Franchisor, from time to time.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, when operating a restaurant, a franchisee must file or register the Marks as an assumed name, if appropriate. These filings must clearly indicate that the franchisee's rights are limited to the license granted in the franchise agreement and should not be interpreted as granting any other rights to the Marks.
Bananas Smoothies Frozen Yogurt franchisees must operate their restaurants under the Marks as determined and instructed by the franchisor, and under no other name. The franchisee must also use and display the Marks prominently, following the franchisor's written directions. They are prohibited from using any other trade name, trademark, service mark, logo, or designation unless explicitly authorized by Bananas Smoothies Frozen Yogurt.
Furthermore, franchisees must adopt and use the Marks solely as prescribed by Bananas Smoothies Frozen Yogurt and refrain from using the Marks in conjunction with any other word or symbol without the franchisor's prior written consent. Franchisees are also required to observe all requirements regarding service marks, trademark and copyright notices, and fictitious name registrations as directed by the franchisor. These stipulations ensure brand consistency and protect the franchisor's intellectual property rights.
Bananas Smoothies Frozen Yogurt franchisees must also execute all documents requested by the franchisor or its counsel to protect the Marks or maintain their validity and enforceability. They must avoid any action that could jeopardize the validity or enforceability of the Marks. If the franchisor decides to change a name or mark, the franchisee must cooperate in changing all signs, graphics, and supplies, assuming all reasonable costs connected with such changes.