What are the 'Proprietary Marks' associated with the Ben Jerrys franchise?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
The distinguishing characteristics of the System include distinctive exterior and interior design, decor, color scheme, fixtures, and furnishings; standards and specifications for products, equipment, materials, and supplies; uniform standards, specifications, and procedures for operations; procedures for inventory and management control; training and assistance; and marketing and promotional programs; all of which may be changed, improved and further developed by us. The System is identified by certain trade names, service marks, trademarks, logos, emblems, and indicia of origin, including "Ben & Jerry's" (the "Proprietary Marks") as we may designate from time to time for use in our Confidential Operating Manual (the "Manual") or otherwise in writing.
Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 9–16)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the 'Proprietary Marks' are identified by certain trade names, service marks, trademarks, logos, emblems, and indicia of origin, including "Ben & Jerry's". These marks are designated by Ben Jerrys for use in their Confidential Operating Manual or otherwise in writing.
These Proprietary Marks are crucial for franchisees as they represent the brand's identity and are used to distinguish Ben Jerrys shops. Franchisees are expected to use these marks in accordance with the standards set by Ben Jerrys to maintain brand consistency. The use of these marks extends to the overall look and feel of the Ben Jerrys Shops, including the interior and exterior design, decor, and color scheme.
Prospective franchisees should pay close attention to Item 13 in the FDD, as it contains additional information regarding the Proprietary Marks. Understanding and adhering to the guidelines for using these marks is essential for operating a Ben Jerrys franchise successfully and in compliance with the franchise agreement.