Can Bang Cookies modify the Licensed Marks?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
We license a system (the "System") for the operation of a Bang Cookies Shop, a cookie shop that bakes and sells giant, soft-baked, organic cookies and baked goods, and other products and services (the "Approved Services and Products") provided on-site from a single fixed location (the "Shop Location") within a designated territory. The System is presently identified by the Bang Cookies trademark, the Bang Cookies logo and other trademarks, service-marks, logotypes, and commercial symbols as we may designate, modify and adopt from time to time for use in the System and as same may or may not be registered with the United States Patent and Trademark Office (collectively referred to as the "Licensed Marks"). The System features the prominent display of the Licensed Marks and our trade dress.
Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS AND AFFILIATES (FDD pages 8–11)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the company retains the right to modify the Licensed Marks. The Licensed Marks include the Bang Cookies trademark, logo, and other commercial symbols that Bang Cookies may designate, modify, and adopt over time. These marks may or may not be registered with the United States Patent and Trademark Office.
This means that Bang Cookies franchisees must use the Licensed Marks as specified by the franchisor and must adapt to any changes Bang Cookies makes to these marks. This is a fairly standard practice in franchising, as franchisors need the flexibility to update their branding to stay current with market trends and protect their trademarks.
For a prospective franchisee, this implies that the visual identity and branding elements they initially associate with Bang Cookies could evolve during the term of their Franchise Agreement. While such changes are intended to benefit the overall brand, franchisees must be prepared to invest in updates to signage, marketing materials, and other branded items to comply with Bang Cookies's modifications. Franchisees should inquire about the frequency and types of changes Bang Cookies has historically made to its Licensed Marks to better understand the potential impact on their business.