According to the Ben Jerrys Franchise Agreement, what are the 'Proprietary Marks'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
C. The System is identified by means of certain trade names, service marks, trademarks, logos, emblems, and indicia of origin as are now designated and may hereafter be designated by BEN & JERRY'S in writing for use in connection with the System including the mark "Ben & Jerry's" and other marks (the "Proprietary Marks"). **[**OPERATOR/the Catering Entity] shall not utilize any trade name, service mark, trademark, logo, emblem or indicia of origin that is currently, or may be in the future, associated with OPERATOR [or the Catering Entity], the Authorized Warehouse, the provision of Off-Premises Activities [and/or Mobile Vending] by [OPERATOR/the Catering Entity] that has not been designated or approved by BEN & JERRY'S in writing.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Proprietary Marks are defined as the trade names, service marks, trademarks, logos, emblems, and indicia of origin that Ben Jerrys designates in writing for use with its System. The mark "Ben & Jerry's" is specifically included within the definition of Proprietary Marks.
For a prospective franchisee, this means they are granted the right to use these Proprietary Marks, but only in connection with the operation of their Ben Jerrys shop. The franchisee must adhere to Ben Jerrys's guidelines regarding the use of these marks.
Furthermore, the franchisee is explicitly prohibited from using any trade name, service mark, trademark, logo, emblem, or indicia of origin that is currently or may be in the future associated with the franchisee, the Authorized Warehouse, or the provision of Off-Premises Activities that has not been designated or approved by Ben Jerrys in writing. This ensures that all branding and marketing efforts remain consistent and under the control of Ben Jerrys, protecting the brand's image and reputation.