Does Beehive Homes have an exclusive right to license trademarks?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
RS.
WE have been granted an exclusive right, pursuant to our agreement with Bee Hive Homes of America, Inc. which is described in Item 1, first paragraph under the heading - Affiliates, in this Franchise Disclosure Document, to use or license the use of the trademarks, service marks, trade names, logotypes or other commercial symbols in any manner material to the franchise. The termination, expiration or nonrenewal of our license agreement will not affect your rights to use of the trademarks, service marks and trade names as described in YOUR Franchise Agreement with US.
YOU must notify US in writing of any claim, demand or suit based upon or in connection with any or all rights which YOU have to use the trademarks, service marks, trade names, logotypes or commercial symbols. YOU must also notify US in writing of the use of, or claims of rights to, a trademark identical to or confusingly similar to the names and marks. WE have the right to defend any such claims, demands or suits. However, WE are not obligated by the Franchise Agreement or otherwise to protect YOU against any such claim, demand or suit, nor are WE obligated by the Franchise Agreement or otherwise to protect YOU against claims of infringement or unfair competition. YOU are given the right to protect YOURSELF, at YOUR sole cost, from any claims if WE elect not to.
If at any time it becomes advisable in OUR sole discretion to modify or discontinue any use of the names and marks and/or use one or more additions to or substitutes for the names and marks, YOU will do so and OUR sole obligation will be to reimburse YOU for tangible costs in changing signs and printed matter to comply with this obligation.
There are no infringing uses actually known to US which could materially affect YOUR use of the trademarks, service marks, trade names, logotypes or commercial symbols.
ITEM 14. PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
WE at present do not own or have an interest in any patents associated with the operation of the franchised business.
WE own the common law copyright to the Bee Hive Homes Policy and Procedures Manual which may be used by YOU during the term of the Franchise Agreement, but which must be returned to US upon termination of the franchise. WE have decided not to register the manual with the U.S. Patent and Trademark Office so that changes can be made as needed without incurring the additional time delays and legal fees required by re-filing with the Patent Office for registered copyright protection.
The Franchise Agreement provides that YOU acknowledge that, YOUR entire knowledge of Bee Hive Homes system, services, all proprietary formulations, technology, know-how and the operation of a Home is derived from information disclosed to YOU by US pursuant to the Franchise Agreement and that the information is proprietary and confidential and a trade secret of OURS.
The Franchise Agreement also provides that YOU will: (a) fully and strictly adhere to all security procedures prescribed by US in OUR sole discretion for maintaining the secrecy of the information; (b) disclose the information to YOUR employees only to the extent necessary to provide the services and for the operation of the Home in accordance with the Franchise Agreement; (c) not use any of the information in any other business or in any manner not specifically authorized or approved in writing by US; and (d) exercise the highest degree of diligence and make every effort to maintain the absolute confidentiality of all the information during and after the term of the Franchise Agreement.
Source: Item 13 — TRADEMARKS (FDD pages 22–23)
What This Means (2025 FDD)
According to Beehive Homes' 2025 Franchise Disclosure Document, Bee Hive Homes of America, Inc. owns the "Bee Hive Homes®" trademark, registered with the United States Patent and Trademark Office on December 30, 2014 (Reg. No. 4,663,072). Beehive Homes has been granted an exclusive right to use or license these trademarks through an agreement with Bee Hive Homes of America, Inc. This agreement allows Beehive Homes to utilize trademarks, service marks, trade names, logotypes, or other commercial symbols relevant to the franchise.
Beehive Homes grants franchisees a nonexclusive right to operate a home under the "Bee Hive Homes" name, as available on a state-by-state basis. Franchisees must adhere to Beehive Homes' rules for using these names, marks, logos, and symbols. Franchisees cannot use any licensed name or mark as part of their corporate name without prior written consent from Beehive Homes, though they may use the name as part of an assumed name registered with governmental authorities.
If a claim, demand, or suit is made regarding the use of trademarks, service marks, trade names, logotypes, or commercial symbols, the franchisee must notify Beehive Homes in writing. Beehive Homes has the right to defend such claims but is not obligated to protect the franchisee against them, including claims of infringement or unfair competition. The franchisee has the right to protect themselves at their own cost if Beehive Homes chooses not to defend the claims.
If Beehive Homes decides to modify or discontinue any use of the names and marks, franchisees must comply, and Beehive Homes will only reimburse tangible costs for changing signs and printed matter. Franchisees should be aware that if the rights to use the trademark are challenged, they may have to change to an alternative trademark, which may increase their expenses.