Are Ben Jerrys franchisees allowed to use the Proprietary Marks under the Preliminary Agreement?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
The Preliminary Agreement and Development Agreement do not allow you to use the Proprietary Marks. The Franchise Agreement and Satellite Addendum will allow you to use the Proprietary Marks for your Shop. Of the Proprietary Marks for the United States, the principal marks that you will use are registered on the Principal Register of the United States Patent and Trademark office, and are currently owned by Homemade, which is our Parent (see Item 1). The principal marks you will use are:
Source: Item 13 — TRADEMARKS (FDD pages 64–65)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees are not allowed to use the Proprietary Marks under the Preliminary Agreement. The FDD specifies that the use of Proprietary Marks is only permitted under the Franchise Agreement and Satellite Addendum.
This restriction means that prospective Ben Jerrys franchisees cannot use the brand's trademarks or associated intellectual property during the initial stages of their relationship with the company, such as during the Preliminary Agreement phase. This is a fairly standard practice in franchising, as the Preliminary Agreement typically covers initial due diligence, site selection, and other preparatory steps before a full franchise agreement is signed.
The implication for franchisees is that they must wait until the Franchise Agreement is in place before they can legally represent themselves as a Ben Jerrys franchisee or utilize the brand's trademarks in any business activities. This protects Ben Jerrys's brand identity and ensures that only fully authorized franchisees are associated with their Proprietary Marks. Franchisees should carefully review the terms of both the Preliminary Agreement and the Franchise Agreement to understand when and how they are permitted to use the Ben Jerrys Proprietary Marks.