Can the Company change the Proprietary Marks of Bb.Q Chicken at its sole discretion?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS FRANCHISE AGREEMENT (the "Agreement"), entered into on | |
|---|---|
| , by and between BBDOTQ USA, Inc., a New Jersey corporation, with its principal address at 2134 North Central Road, Fort Lee, New Jersey, 07024 (herein referred to as "Franchisor", "we", "us" or "our"), | |
| and , a(n) , with its principal address at | , and 's principal(s), |
| , an individual, residing at | , an individual, residing at |
| , and | |
| ("Principal(s)"). | who shall be individually and collectively referred to, and |
| each is, the "Franchisee". |
W I T N E S S E T H:
WHEREAS, as the result of the expenditure of time, skill, effort and money, we and our affiliate have developed and own a unique and distinctive system (hereinafter "System") relating to the establishment and operation of a quick service restaurant or an essential version or food truck offering a menu specializing in fresh salads, premium sandwiches, chicken wings, grilled chicken, deep fried chicken proprietary sauces and spice mixes and sides such as calamari, waffle fries, and coleslaw, all under the name "bb.q Chicken" and operating using the franchisor's proprietary recipes, formulae, techniques, trade dress, trademarks and logos, all of which may be changed, improved, or further developed by Franchisor at any time (taken together herein the "System");
WHEREAS, the distinguishing characteristics of the System include, without limitation, distinctive exterior and interior design, décor, color scheme, and furnishings; proprietary products and ingredients; proprietary recipes and special menu items, uniform standards, specifications, and procedures for operations; quality and uniformity of products and services offered; procedures for inventory, management and financial control; training and assistance; and advertising and promotional programs; all of which may be changed, improved, and further developed by us from time to time;
Source: Item 23 — RECEIPTS (FDD pages 62–283)
What This Means (2025 FDD)
According to Bb.Q Chicken's 2025 Franchise Disclosure Document, the company can change, improve, or further develop the trademarks and logos at any time. The agreement specifies that the "System," including trade dress, trademarks, and logos, can be modified by Bb.Q Chicken. This gives Bb.Q Chicken broad latitude to evolve its brand identity.
For a prospective franchisee, this means the visual identity and branding elements they initially invest in could change. Bb.Q Chicken retains control over the Marks and can designate new ones in writing for use within the System. Franchisees must use marketing and promotional materials, signs, and other items bearing the Marks in the form prescribed by Bb.Q Chicken.
This flexibility allows Bb.Q Chicken to keep the brand current and competitive, but it also means franchisees must be prepared to update their signage, marketing materials, and potentially other branded items to comply with Bb.Q Chicken's changes. While this could incur additional costs, it also ensures that all franchises maintain a consistent and up-to-date brand image, potentially benefiting from enhanced brand recognition and customer appeal.