What is the initial term of the Trademark Agreement between Homemade and Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Our right to use and license others to use the Proprietary Marks is exercised through a trademark license agreement with Homemade (the "Trademark Agreement"). Under the Trademark Agreement, we are granted the right to use and to permit others to use the Proprietary Marks. The initial term of the Trademark Agreement is for ten years, and with the right to extend the agreements for additional terms of ten years. The Trademark Agreement does not include any provisions related to termination in the event of default. In the event that we were ever to lose our rights to the Proprietary Marks, Homemade is required under the Trademark Agreement to allow our franchisees to maintain their rights to use the Proprietary Marks in accordance with their franchise agreements (including during any renewal period for which franchisees qualify under their existing agreements). Other than the Trademark Agreements, there are no agreements currently in effect which limit our rights to use or license the use of any Proprietary Mark. As earlier described, in addition to the principal marks listed above in this item, we typically use additional trademarks, service marks and other logos as part of the System, including trademarks for identifying various flavors of ice cream as we specify from time to time. For one trademark we currently use for an ice cream flavor, we have provided a third party with a limited and nonexclusive license to use the trademark in connection with clothing.
Source: Item 13 — TRADEMARKS (FDD pages 64–65)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the initial term of the Trademark Agreement between Homemade and Ben Jerrys is ten years. This agreement grants Ben Jerrys the right to use and permit others to use the Proprietary Marks associated with the franchise. Furthermore, the agreement includes the option to extend for additional terms of ten years.
This is a fairly standard term length for franchise trademark agreements. The fact that Ben Jerrys has the right to extend the agreement for additional terms of ten years provides long-term security for franchisees, ensuring continued use of the brand's trademarks as long as the agreement remains in effect.
It is important to note that the Trademark Agreement does not include any provisions related to termination in the event of default. However, in the event that Ben Jerrys were to lose their rights to the Proprietary Marks, Homemade is required under the Trademark Agreement to allow Ben Jerrys franchisees to maintain their rights to use the Proprietary Marks in accordance with their franchise agreements, including during any renewal period for which franchisees qualify under their existing agreements. This clause protects franchisees' ability to operate under the Ben Jerrys brand even if the relationship between Ben Jerrys and Homemade changes.