What is the definition of 'Proprietary Marks' in the context of the Beggars Pizza franchise agreement?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.1 Franchisor's Representations. Franchisor represents with respect to the Proprietary Marks:
- 8.1.1 Franchisor's affiliate, APG Enterprises, Inc. (the "Trademark Owner"), is the owner of all right, title, and interest in and to the Proprietary Marks;
- 8.1.2 The Trademark Owner has granted Franchisor the right to use, and to license others to use, the Proprietary Marks in accordance with the Agreement; and
- 8.1.3 The Trademark Owner has taken and will take all steps reasonably necessary to preserve and protect the ownership and validity of the Proprietary Marks.
- 8.2 Franchisee's Use of the Proprietary Marks. With respect to Franchisee's use of the Proprietary Marks:
- 8.2.1 Franchisee must use only the Proprietary Marks designated by Franchisor, and must use them only in the manner authorized and permitted by Franchisor;
- 8.2.2 Franchisee must use the Proprietary Marks only for the operation of the Restaurant and only at the Approved Location, or in advertising for the Restaurant conducted at or from the Approved Location;
- 8.2.3 Unless otherwise authorized or required by Franchisor, Franchisee must operate and advertise the Restaurant only under the name "Beggars Pizza®" and must use all Proprietary Marks without prefix or suffix. Franchisee will not use the Proprietary Marks as part of its corporate or other legal name;
- 8.2.4 During the term of the Agreement, Franchisee must identify itself as the owner of the Restaurant in the manner required by Franchisor in conjunction with any use of the Proprietary Marks including, without limitation, on invoices, order forms, receipts, business stationery, and contracts with all third parties or entities. Franchisee must display notices to that effect in such content and form at such conspicuous locations as Franchisor designates in writing;
- 8.2.5 Franchisee's right to use the Proprietary Marks is limited to such uses as are authorized under the Agreement, and any unauthorized use thereof will constitute an infringement
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to the 2025 Beggars Pizza Franchise Disclosure Document, the Proprietary Marks are owned by Beggars Pizza's affiliate, APG Enterprises, Inc., who has granted Beggars Pizza the right to use and license these marks to franchisees. Beggars Pizza represents that the Trademark Owner has taken and will take all reasonably necessary steps to protect the ownership and validity of these Proprietary Marks.
As a franchisee, you are required to use only the Proprietary Marks designated by Beggars Pizza and only in the manner they authorize and permit. This use is restricted to the operation of the restaurant at the approved location or in advertising for the restaurant conducted at or from the approved location. Unless otherwise authorized or required, franchisees must operate and advertise the restaurant only under the name "Beggars Pizza®" and use all Proprietary Marks without any additional prefixes or suffixes. Franchisees cannot use these marks as part of their corporate or legal name.
During the term of the agreement, franchisees must identify themselves as the owner of the restaurant in conjunction with any use of the Proprietary Marks, including on invoices, order forms, receipts, business stationery, and contracts with third parties. Notices to this effect must be displayed in a conspicuous manner as designated by Beggars Pizza in writing. The right to use the Proprietary Marks is limited to the uses authorized under the agreement, and any unauthorized use constitutes an infringement of the Trademark Owner's rights, entitling Beggars Pizza to exercise its rights under the agreement and at law or in equity.
Upon termination or expiration of the franchise agreement, the franchisee must immediately cease using the Proprietary Mark "Beggars Pizza®" and all other Proprietary Marks, including distinctive forms, slogans, signs, symbols, and devices associated with the system. This includes ceasing the use of all signs, advertising materials, displays, stationery, forms, products, and any other articles displaying the Proprietary Marks. The franchisee must also take necessary actions to cancel any assumed name registrations containing the mark "Beggars Pizza®" or any other Proprietary Marks.