Are Ben Jerrys franchisees allowed to use the Proprietary Marks under the Development Agreement?

According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees are not allowed to use the Proprietary Marks under the Preliminary Agreement and Development Agreement. The FDD specifies that the Franchise Agreement and Satellite Addendum are the agreements that allow franchisees to use the Proprietary Marks for their Ben Jerrys shop. The principal marks that franchisees will use in the United States are registered on the Principal Register of the United States Patent and Trademark office and are currently owned by Homemade, which is Ben Jerrys's Parent company.

This means that a prospective Ben Jerrys franchisee cannot use the brand's trademarks or service marks during the initial stages of establishing their franchise, specifically under the Preliminary Agreement and Development Agreement. This restriction likely applies to activities such as securing locations, negotiating leases, or any preliminary marketing efforts. Full trademark usage rights are only granted once the franchisee enters into the Franchise Agreement or Satellite Addendum, which typically occurs closer to the actual opening of the Ben Jerrys shop.

It is important for potential Ben Jerrys franchisees to understand when they are permitted to use the Proprietary Marks to avoid any legal issues or breaches of contract. Franchisees should carefully review the terms of each agreement (Preliminary, Development, and Franchise) to understand the specific usage rights and restrictions associated with each stage of the franchise development process. Additionally, franchisees must adhere to Ben Jerrys's guidelines and obtain prior written approval for any use of the Proprietary Marks in specific contexts, such as in a corporate or legal name, or in any electronic medium.