What is the Beggars Pizza franchisee's right to use the Proprietary Marks dependent on?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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
of the Trademark Owner's rights and will entitle Franchisor to exercise all of its rights under the Agreement in addition to all rights available at law or in equity;
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to the 2025 Beggars Pizza Franchise Disclosure Document, a franchisee's right to use the Proprietary Marks is specifically limited to the uses authorized under the Franchise Agreement. Any unauthorized use of these marks constitutes an infringement of the Trademark Owner's rights, which entitles Beggars Pizza to exercise its rights under the agreement, in addition to any other legal or equitable rights. This means a franchisee must adhere strictly to the guidelines set forth by Beggars Pizza regarding how and where the Proprietary Marks are used.
Specifically, the franchisee must use only the Proprietary Marks designated by Beggars Pizza and only in the manner authorized by them. The Proprietary Marks can only be used for the operation of the restaurant at the approved location or in advertising conducted at or from that location. Unless otherwise authorized or required, the franchisee must operate and advertise the restaurant only under the name "Beggars Pizza®" and use all Proprietary Marks without any prefix or suffix. The franchisee cannot use these marks as part of their corporate or legal name.
During the term of the Franchise Agreement, the franchisee is required to 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. They must also display notices to that effect in a conspicuous manner as designated by Beggars Pizza in writing. These stipulations ensure that the Beggars Pizza brand is consistently and correctly represented, protecting the integrity and value of the Proprietary Marks.
These conditions are typical in franchise agreements, as franchisors need to maintain control over their brand and trademarks to ensure consistency and quality across all franchise locations. Failure to comply with these requirements can lead to termination of the franchise agreement and legal action for trademark infringement. Therefore, it is crucial for a prospective Beggars Pizza franchisee to fully understand and adhere to these usage guidelines.