Who owns the principal marks that Ben Jerrys franchisees will use in the United States?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the principal marks used by franchisees in the United States are registered with the United States Patent and Trademark Office and are owned by Homemade, which is Ben Jerrys's parent company. These marks are essential for franchisees as they identify the Ben Jerrys brand and its products. Franchisees are granted the right to use these marks through the Franchise Agreement and Satellite Addendum, which are different from the Preliminary Agreement and Development Agreement that do not grant such rights.

Ben Jerrys retains the right to substitute different proprietary marks if it deems it beneficial to the system. Franchisees must promptly implement any changes to the proprietary marks. Franchisees are restricted from using the proprietary marks, including abbreviations like "B&J" or "BJ," or names of Ben & Jerry's products, in their corporate name, email addresses, or domain names without prior written consent from Ben Jerrys. This ensures consistent brand representation and prevents unauthorized use of the Ben Jerrys identity.

Homemade has a trademark license agreement with Ben Jerrys, granting Ben Jerrys the right to permit franchisees to use the proprietary marks. The initial term of this agreement is ten years, with options for additional ten-year extensions. Even if Ben Jerrys were to lose its rights to the proprietary marks, Homemade is obligated to allow franchisees to continue using the marks under their existing franchise agreements, including any renewal periods. This provision offers some security to franchisees regarding their continued use of the Ben Jerrys brand identity.

Ben Jerrys will defend franchisees against third-party claims arising from their use of the Proprietary Marks, provided that the franchisee has used the Proprietary Marks in accordance with the Franchise Agreement. Ben Jerrys will bear the cost of defense, including judgments or settlements, but the franchisee is responsible for their employees' salary costs. If the franchisee's use of the Proprietary Marks is not in accordance with the Franchise Agreement, the franchisee will bear the cost of defense, including judgments or settlements. Franchisees must notify Ben Jerrys of any unauthorized use of the Proprietary Marks or any challenges to their validity or ownership.