What are the specific obligations of a Bang Cookies franchisee regarding the use of trademarks (Item 9) and how do these obligations relate to the franchisor's right to modify the marks (Item 13)?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 13: TRADEMARKS]
ITEM 13 TRADEMARKS
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.
[Item 23: RECEIPTS]
Franchisee shall, at all times, ensure that all advertising and promotion of the Franchised Business by Franchisee is completely factual and conforms to the highest standards of ethical advertising, and is in conformity with Franchisor's standards and specifications.
Franchisee shall refrain from any business practice, advertising practice, or personal conduct that may be injurious to Franchisor, the System, Bang Cookies Shops, and the Licensed Marks.
Franchisor, in Franchisor's sole discretion, shall possess, among other things, the unilateral right to reject any and all advertising relating to the Franchised Business, Franchisor, the System, Bang Cookies Shops and/or using the Licensed Marks.
"Licensed Marks" refers to and means the trademarks, service marks, emblems and indicia of origin, including the "Bang Cookies" trademark, the Bang Cookies logo, Trade Dress, and other trade names, service marks, trademarks, logos, slogans and designs authorized by us in connection with the identification of Bang Cookies Shops and the Approved Services and Products, provided that such trade names, trademarks, service marks, logos and designs are subject to modification, replacement and discontinuance by us in our Reasonable Business Judgment.
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, this usage is strictly controlled by Bang Cookies. Franchisees may only use these Licensed Marks as explicitly authorized in writing by Bang Cookies and according to the terms outlined in the Franchise Agreement. A key restriction is that franchisees cannot use the Licensed Marks in the name of any corporate entity they establish.
Bang Cookies retains the right to modify or supplement the marks that franchisees are permitted to use in connection with their shop's operations. This means that the specific trademarks, service marks, logos, and designs can be changed, replaced, or discontinued at any time at Bang Cookies's discretion. These marks are used to identify Bang Cookies Shops and their approved services and products.
Franchisees must also ensure that all advertising and promotion of their Bang Cookies business is completely factual, adheres to the highest ethical standards, and conforms to Bang Cookies's standards and specifications. Bang Cookies has the unilateral right to reject any advertising related to the franchised business or using the Licensed Marks. Franchisees must also avoid any business practice, advertising practice, or personal conduct that could harm Bang Cookies, the System, Bang Cookies Shops, or the Licensed Marks. These stipulations ensure brand consistency and protect the reputation of the Bang Cookies brand.