What are the 'Marks' associated with the Beef O Bradys franchise?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
| TERM | DEFINITION |
|---|---|
| Improvements | Ideas, concepts, methods, techniques or improvements relating to the Family |
| Section 9.2 | Sports Pub or the System that you or your employees may develop. |
| Indemnified | Us, our affiliates our respective shareholders, directors, officers, employees, |
| Parties | agents, successors and assigns that you agree to indemnify, defend and hold |
| Section 18.4 | harmless from and against all claims, obligations and damages. |
| Interim Management Section 16.6 | After we have given you written notice that you are in default, we may (but are not obligated to) assume interim management of the Family Sports Pub during the pendency of any cure period or in lieu of immediately terminating the Franchise Agreement. |
| Lease Assignment | Out form of Conditional Assignment and Assumption of Lease agreement that |
| Section 4.3(b) | you and the lessor must entered into. |
| Manager(s) | If you are a Business Entity, a person having management rights and powers |
| Section 7.1 | (e.g. officers, kitchen managers, general managers, partners, etc.). |
| Manuals Section 11.1 | Our manuals consisting of such materials (including, as applicable audiotapes, videotapes, magnetic media, computer software and written materials) that we generally grant access to franchisees for use in operating a Family Sports Pub. |
| Marketing | You currently must contribute to the Marketing Development Fund 2.3% of |
| Contributions | monthly Adjusted Gross Sales but may in the future be required to contribute |
| Section 12.1 | 2.5% of your monthly Adjusted Gross Sales. |
| Marketing | A system-wide marketing and development fund that we have established for |
| Development Fund | such advertising, marketing and public relations programs and materials we |
| Section 12.1 | deem necessary or appropriate. |
| Marks Section 1.1 | The trade and service marks “Beef 'O' Brady’s®,” “O’ Brady’s®,” “Beef’s®” and other associated logos, designs, artwork and trade dress and additional trademarks, service marks and commercial symbols that we use, promote and license in conjunction with the operation of Family Sports Pubs. |
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys FDD, the 'Marks' encompass the trade and service marks that Beef O Bradys uses to identify its Family Sports Pubs. These include the names "Beef 'O' Brady's®," "O' Brady's®," and "Beef's®," along with associated logos, designs, artwork, and trade dress, such as the "Beef 'O' Brady's® mustache logo." These marks are promoted and licensed by Beef O Bradys for the operation of its franchises.
As a franchisee, you are required to display these Marks prominently at your Family Sports Pub, on designated supplies and materials, and in advertising and marketing content as prescribed by Beef O Bradys. You must also provide necessary notices of trade and service mark registrations and secure any required fictitious or assumed name registrations under applicable laws.
Furthermore, franchisees must immediately notify Beef O Bradys of any potential infringement or challenges to the use of any Mark or any claims by others regarding rights to a Mark. The franchisor retains sole discretion over any related litigation or proceedings and may direct franchisees to modify or discontinue the use of a Mark if deemed advisable, although Beef O Bradys is not obligated to reimburse franchisees for any losses or expenditures resulting from such changes.