Following termination or expiration of the Ben Jerrys agreement, what must the operator immediately and permanently cease using?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
16.2 OPERATOR shall immediately and permanently cease to use, in any manner whatsoever, any confidential methods, procedures, and techniques associated with the System; the Proprietary Mark "Ben & Jerry's" and all other Proprietary Marks and distinctive forms, slogans, signs, symbols, and devices associated with the System. In particular, OPERATOR shall cease to use all signs, marketing materials, displays, stationery, email addresses, forms, products, and any other articles which incorporate or display the Proprietary Marks.
16.3 OPERATOR shall take such action as may be necessary to cancel any assumed name registration or equivalent registration obtained by OPERATOR which contains the mark "Ben & Jerry's" or any other Proprietary Marks, and OPERATOR shall furnish BEN & JERRY'S with evidence satisfactory to BEN & JERRY'S of compliance with this obligation within five (5) days after termination or expiration of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the operator must immediately and permanently cease using several items associated with the Ben Jerrys system. This includes any confidential methods, procedures, and techniques related to the system.
Specifically, the franchisee must stop using the "Ben & Jerry's" Proprietary Mark, all other Proprietary Marks, and any distinctive forms, slogans, signs, symbols, and devices associated with the Ben Jerrys system. This extends to all signs, marketing materials, displays, stationery, email addresses, forms, products, and any other articles that incorporate or display the Proprietary Marks.
This requirement ensures that the franchisee no longer represents themselves as part of the Ben Jerrys franchise after the agreement ends. It protects Ben Jerrys's brand identity and prevents potential confusion among customers. The franchisee must also take action to cancel any assumed name registrations containing the "Ben & Jerry's" mark and provide evidence of compliance to Ben Jerrys within five days of termination or expiration.