How should a Bananas Smoothies Frozen Yogurt franchisee use and display the Marks?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
and enhance the reputation and goodwill of Franchisor, and the efficacy of the System, Franchisee agrees:
- A. To adopt and use the Marks solely in the manner prescribed by Franchisor.
- B. To refrain from using any of the Marks in conjunction with any other word or symbol without Franchisor's prior written consent.
- C. To observe all such requirements with respect to service marks, trademark and copyright notices, fictitious name registrations, and the display of the legal name or other identification of Franchisee as Franchisor may direct in writing from time to time.
- D. To use, promote and offer for sale under the Marks only those products and services which meet Franchisor's prescribed standards and specifications, as they may be revised and amended by Franchisor from time to time in the Confidential Operating Manual or otherwise in writing.
- E. Not to use any of the Marks in connection with any social media networking, including but not limited to, any postings on a social media site or social network sites nor with the performance or sale of any unauthorized services or products or in any other manner not expressly authorized in writing by Franchisor.
- F. To execute all documents requested by Franchisor or its counsel that are necessary to obtain protection for the Marks or to maintain their continued validity or enforceability, and to take no action that would jeopardize the validity or enforceability thereof.
- 12.08 Change of Marks. If it appears to Franchisor that protection of one of its names or marks is no longer viable commercially or legally, Franchisor has the right to change its name or mark to another
of similar marketing impact. In such event Franchisee agrees to cooperate with Franchisor in changing all signs, graphics and supplies. Franchisee agrees to assume all reasonable costs connected with such changes.
12.09 Use of Marks and the Internet.
- (a) Franchisee acknowledges that Franchisor is the owner of all right, title and interest in and to the Marks. Franchisor has obtained the right from its affiliate to license Franchisee to use the Marks, in accordance with the terms and conditions of this Agreement. Franchisee's right to use the Marks is derived solely from this Agreement and is limited to conducting business pursuant to and in compliance with this Agreement.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, franchisees must adhere to specific guidelines when using the brand's trademarks. Franchisees are required to use the Marks solely in the manner prescribed by Bananas Smoothies Frozen Yogurt and must not use any of the Marks in conjunction with any other word or symbol without the franchisor's prior written consent. Franchisees must also observe all requirements regarding service marks, trademark and copyright notices, fictitious name registrations, and the display of the franchisee's legal name or other identification, as directed in writing by Bananas Smoothies Frozen Yogurt.
Furthermore, franchisees are obligated to use, promote, and offer for sale only those products and services under the Marks that meet Bananas Smoothies Frozen Yogurt's prescribed standards and specifications, which may be revised and amended. Franchisees are prohibited from using any of the Marks in connection with any social media networking, including postings on social media sites, or with the performance or sale of any unauthorized services or products, unless expressly authorized in writing by Bananas Smoothies Frozen Yogurt.
Bananas Smoothies Frozen Yogurt franchisees must execute all documents requested by the franchisor or its counsel necessary to protect the Marks or maintain their validity or enforceability and must not take any action that would jeopardize their validity or enforceability. If Bananas Smoothies Frozen Yogurt decides that protection of one of its names or marks is no longer viable, it has the right to change the name or mark to another of similar marketing impact, and the franchisee must cooperate with Bananas Smoothies Frozen Yogurt in changing all signs, graphics, and supplies, assuming all reasonable costs connected with such changes. The franchisee acknowledges that Bananas Smoothies Frozen Yogurt owns all rights to the Marks, and the franchisee's right to use the Marks is derived solely from the Franchise Agreement and is limited to conducting business in compliance with the agreement.