Is the right to use the Beehive Homes trademarks granted on a state-by-state basis?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
Under the Franchise Agreement, WE grant to YOU a nonexclusive right to operate a Home under the name "Bee Hive Homes" and under any other trade names, trademarks and service marks and logos currently used or that may hereafter be used in the operation of the Homes insofar as available on a state by state basis and only to the extent WE have rights or may acquire rights to the same. YOU must use all names, marks, logos and symbols in full compliance with rules prescribed by US. YOU are prohibited from using any licensed name or mark as part of YOUR corporate name but may, with OUR prior written consent, have the nonexclusive use of the name "Bee Hive Homes" as part of an assumed name registered with applicable governmental authorities having jurisdiction over YOUR location and must execute any document necessary to enable US or any other franchisee to use the name "Bee Hive Homes." YOU are prohibited from using any licensed name or mark in connection with the sale of any unauthorized product or service or in any manner not expressly authorized in writing by US.
Source: Item 13 — TRADEMARKS (FDD pages 22–23)
What This Means (2025 FDD)
According to Beehive Homes' 2025 Franchise Disclosure Document, the franchise agreement grants franchisees the right to operate a home under the "Bee Hive Homes" name, as available on a state-by-state basis. This right extends to other trade names, trademarks, service marks, and logos used in the operation of the homes, but only to the extent that Beehive Homes has or may acquire rights to them. Franchisees must use all names, marks, logos, and symbols in full compliance with the rules prescribed by Beehive Homes.
Importantly, franchisees are prohibited from using any licensed name or mark as part of their corporate name. However, with prior written consent from Beehive Homes, franchisees may have non-exclusive use of the name "Bee Hive Homes" as part of an assumed name registered with applicable governmental authorities. This registration requires executing any document necessary to enable Beehive Homes or any other franchisee to use the name. Franchisees are also prohibited from using any licensed name or mark in connection with the sale of any unauthorized product or service or in any manner not expressly authorized in writing by Beehive Homes.
This state-by-state availability of trademark usage rights means that a prospective franchisee's ability to fully utilize the Beehive Homes branding may vary depending on the specific location of their franchise. It is crucial for potential franchisees to understand the extent of trademark protection and usage rights available in their desired state to avoid any potential legal issues or limitations in marketing and operating their Beehive Homes franchise. They should discuss with the franchisor the specific trademark status in their state.