What rights does Beef O Bradys grant to the franchisee regarding the use of trademarks?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
Marks. We grant to you the right to operate a Family Sports Pub under the name BEEF 'O'BRADY'S ® and may also grant to you the right to use certain other current and future trademarks to operate your Family Sports Pub as we may specify. By trademark or mark, we mean trademarks, service marks, trade names, and logos you will use to identify your Family Sports Pub.
You may only use the Marks in the manner we specify in the Franchise Agreement or Confidential Operating Manual. You may not use our name or Marks as part of a corporate name or legal business name. You also may not use our name or Marks in conjunction with any modifying words, designs or symbols unless we authorize you in writing to do so. You may not use our registered name in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us. In the Franchise Agreement, you will agree to not contest directly or indirectly our right to our Marks, trade secrets or business techniques. If we decide to modify or discontinue use of any Mark and/or use one or more additional or substitute Marks, you must comply with our directions within a reasonable time after receiving notice.
You must notify us immediately if you learn about an infringement of, or challenge to, your use of any of our Mark(s). We will have the sole right decide whether to take action and, if we do, we have the right to control exclusively any litigation or administrative proceeding relating to any of our Marks. While we are not required to defend you against a claim arising from your use of our Mark(s), we will reimburse you for your reasonable costs in connection with defending our Mark(s). To receive reimbursement, you must notify us immediately when you learn about the infringement or challenge.
If it becomes advisable at any time for us and/or you to modify or discontinue using any Mark and/or to use one or more additional or substitute trade or service marks, you must comply with our directions within a reasonable time after receiving notice. We need not reimburse you for your direct expenses of changing your Restaurant's signs, for any loss of revenue due to any modified or discontinued Mark, any loss of goodwill associated with any modified or discontinued Mark, or for your expenses of promoting a modified or substitute trademark or service mark.
Source: Item 13 — TRADEMARKS. (FDD pages 42–44)
What This Means (2025 FDD)
According to Beef O Bradys's 2025 Franchise Disclosure Document, franchisees are granted the right to operate a Family Sports Pub under the BEEF 'O'BRADY'S ® name. Beef O Bradys may also grant the right to use other current and future trademarks to operate the Family Sports Pub. However, franchisees can only use the marks in the manner specified in the Franchise Agreement or Confidential Operating Manual. Franchisees cannot use Beef O Bradys's name or marks as part of a corporate or legal business name, or in conjunction with any modifying words, designs, or symbols unless authorized in writing. Additionally, the registered name cannot be used in connection with the sale of an unauthorized product or service unless authorized in writing by Beef O Bradys. Franchisees agree not to contest Beef O Bradys's rights to the marks, trade secrets, or business techniques. If Beef O Bradys decides to modify or discontinue use of any mark, franchisees must comply with their directions within a reasonable time after receiving notice.
It is the franchisee's responsibility to notify Beef O Bradys immediately if they learn about an infringement of, or challenge to, their use of any of Beef O Bradys's marks. Beef O Bradys has the sole right to decide whether to take action and control any related litigation or administrative proceedings. While Beef O Bradys is not required to defend franchisees against claims arising from their use of the marks, they will reimburse franchisees for reasonable costs in defending the marks, provided they are notified immediately of the infringement or challenge.
If Beef O Bradys finds it advisable to modify or discontinue using any mark, or to use additional or substitute marks, franchisees must comply with their directions within a reasonable time after receiving notice. However, Beef O Bradys is not responsible for reimbursing franchisees for expenses related to changing signs, loss of revenue, loss of goodwill, or expenses of promoting a modified or substitute trademark or service mark. Beef O Bradys owns several registered trademarks and service marks, including BEEF 'O'BRADY'S, BEEF'S, and various designs and word marks, registered on the Principal Register and Supplemental Registry of the United States Patent and Trademark Office.