What are the 'Proprietary Marks' that identify the Ben Jerrys System?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the 'Proprietary Marks' that identify the Ben Jerrys system include trade names, service marks, trademarks, logos, emblems, and indicia of origin. These marks are designated by Ben Jerrys in writing for use with the Ben Jerrys system. The trademark "Ben & Jerry's" is specifically included within these Proprietary Marks.

For a prospective franchisee, this means that they are granted the right to use these Proprietary Marks as part of their franchise agreement, but only in connection with the operation of their Ben Jerrys shop. The franchisee is obligated to use only the Proprietary Marks approved by Ben Jerrys and cannot use any other marks without written consent from Ben Jerrys.

Ben Jerrys retains the right to modify these marks over time. This ensures that the brand remains current and relevant, but it also means that franchisees must stay updated with any changes to the Proprietary Marks and ensure their shops reflect the current branding standards. The lease agreement for the shop's premises must also include clauses that protect Ben Jerrys's right to control and modify these marks, including the right to enter the premises to make necessary changes to protect the Proprietary Marks or the System.