Must a Bang Cookies franchisee only use the Licensed Marks as authorized in writing?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
Under the terms of the Franchise Agreement, you will be granted a license to use the "Bang Cookies" trademark and those other marks that we designate. We reserve the right to supplement and modify the marks that you may or may not use in connection with the operations of your Shop. You may only use the Licensed Marks as authorized by us in writing and under the terms of your Franchise Agreement. You may not use the Licensed Marks in the name of any Corporate Entity that you establish.
Principal Trademarks Registered with the United States Patent and Trademark Office
The principal trademarks identified in the schedule below are a part of the Licensed Marks, our System, are registered with the United States Patent and Trademark Office (the "USPTO") and, unless otherwise designated by us, will be used by you in the operations of the Franchised Business. As to these marks all required affidavits have been filed with the USPTO.
| Mark | USPTO Registration Number | Registration Type | Registration Date |
|---|---|---|---|
| Bang Cookies | 6344327 | Principal | May 11, 2011 |
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, franchisees are granted a license to use the "Bang Cookies" trademark and other designated marks. However, Bang Cookies retains the right to modify these marks. Franchisees are explicitly permitted to use the Licensed Marks only as authorized in writing by Bang Cookies and under the terms outlined in the Franchise Agreement. Furthermore, the franchisee cannot use the Licensed Marks in the name of any corporate entity they establish. This condition ensures that the franchisee adheres strictly to the franchisor's brand guidelines and protects the integrity of the Bang Cookies brand.
This requirement is typical in franchising, as consistent brand representation is crucial for maintaining customer recognition and trust. By controlling the use of its trademarks, Bang Cookies can ensure that all franchise locations present a unified brand image. This control extends to preventing franchisees from using the trademarks in ways that could dilute or damage the brand's reputation.
The FDD also lists the principal trademarks registered with the United States Patent and Trademark Office, including "Bang Cookies" which was registered on May 11, 2011, under registration number 6344327. Bang Cookies also states that they will protect the franchisee's right to use the Licensed Marks and defend against infringement claims, provided the franchisee uses the marks as specified in the Franchise Agreement and manuals. This protection is contingent on the franchisee notifying Bang Cookies of any claims and allowing them sole control over the defense and settlement of such claims.
In the event that a third party establishes superior rights to the Licensed Marks, Bang Cookies reserves the right to modify or replace the marks. In such cases, Bang Cookies will reimburse the franchisee for direct out-of-pocket costs associated with complying with these changes, such as alterations to signage and replacement of marketing materials. This provision offers some financial protection to franchisees in the event of necessary brand adjustments due to legal challenges.