Under what name must a Bananas Smoothies Frozen Yogurt franchisee operate the restaurant?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
st, 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;
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, franchisees must operate under the marks determined and instructed by the franchisor, Everything Yogurt Brands, LLC, and under no other name. This means that a franchisee does not have the freedom to choose their own business name and must adhere to the branding standards set by Bananas Smoothies Frozen Yogurt.
Bananas Smoothies Frozen Yogurt also has the right to require the franchisee to file or register the marks as an assumed name when utilized in connection with the operation of the restaurant. Any required filings must clearly indicate that the franchisee's rights are limited to the license granted in the franchise agreement and should not be construed as granting any other right, title, or interest in the names.
Furthermore, the franchisee is required to use and display the marks prominently as directed by Bananas Smoothies Frozen Yogurt and cannot use or display any other trade name, trademark, service mark, logo, or designation without explicit permission. This ensures consistent branding and prevents franchisees from creating their own identities that could dilute the brand or confuse customers.