What is the 'Proprietary Marks' referring to in the Bb.Q Chicken agreement?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, we identify the System by means of certain trade names, service marks, trademarks, logos, emblems and indicia of origin, including, but not limited to, the mark "bb.q Chicken" and such other trade names, service marks, and trademarks as are now designated (and may hereafter be designated by us in writing) for use in connection with the System (hereinafter referred to as "Marks");
WHEREAS, we and our affiliate continue to develop, use and control the use of such Marks in order to identify for the public the source of services and products marketed thereunder and under the System, and to represent the System's high standards of quality, appearance and service;
Source: Item 23 — RECEIPTS (FDD pages 62–283)
What This Means (2025 FDD)
According to the 2025 Bb.Q Chicken Franchise Disclosure Document, the "Marks" refer to the trade names, service marks, trademarks, logos, emblems, and indicia of origin used to identify the Bb.Q Chicken system. These marks include, but are not limited to, the name "bb.q Chicken" itself, along with any other trade names, service marks, and trademarks designated by Bb.Q Chicken in writing for use with the System. Bb.Q Chicken and its affiliates develop, use, and control these marks to identify the source of their services and products and to represent the high standards of quality, appearance, and service associated with the Bb.Q Chicken brand.
As a franchisee, you are granted the right to use these Marks to operate your Bb.Q Chicken restaurant or food truck, but this use is subject to the terms and conditions outlined in the franchise agreement. Bb.Q Chicken retains the right to develop, use, and franchise other trade names, trademarks, service marks, and copyrights not specifically designated as Marks for use with different franchise systems or for the sale of different products or services. This means that while you have the right to use the designated Marks for your Bb.Q Chicken franchise, Bb.Q Chicken can create and use other brands or marks for different ventures.
Upon termination of the franchise agreement, the franchisee must immediately cease using the Bb.Q Chicken System, including all confidential methods, software, procedures, and techniques. The franchisee must also stop using the "bb.q Chicken" mark and all other Marks, distinctive forms, slogans, signs, symbols, and devices associated with the System. This includes de-identifying the franchise premises by removing all signs, advertising materials, and displays that feature the Marks, changing paint colors, and removing proprietary design items. The franchisee must also cancel any assumed name registrations that contain the "bb.q Chicken" mark or any other Bb.Q Chicken service mark or trademark.
Furthermore, even if the franchisee continues to operate another business after the termination of the Bb.Q Chicken franchise agreement, they are prohibited from using any reproduction, counterfeit, copy, or imitation of the Marks that could cause confusion or dilute Bb.Q Chicken's rights to the Marks. This ensures that the franchisee cannot unfairly compete with Bb.Q Chicken by leveraging the brand recognition and goodwill associated with the Marks. The franchisee must also clearly indicate the independent ownership of their business in all public records and interactions, ensuring that it is distinct from a Bb.Q Chicken franchised business.