For Ben Jerrys, can the Proprietary Marks be used with a prefix or suffix?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.3.3 Operate and advertise the Scoop Shop only under the name "Ben & Jerry's," and use the Proprietary Marks without prefix or suffix, unless otherwise authorized or required by BEN & JERRY'S.
OPERATOR shall not use the Proprietary Marks (including BEN & JERRY'S service marks), the abbreviations "B&J" or "BJ," or any name that is now, or in the future, used for the Ben & Jerry's Products, or any marks confusingly similar to any of them as part of its corporate, partnership, or other legal name, or to identify OPERATOR or the Scoop Shop in other legal or financial capacity (including in connection with bank checks, bank accounts, and other financial accounts), or as part of any e-mail address, domain name, or other identification of OPERATOR or the Scoop Shop in any electronic medium, unless agreed to in advance, in writing, by BEN & JERRY'S.
OPERATOR may, as necessary to conduct the business of the Scoop Shop and to obtain governmental licenses and permits for the Scoop Shop, indicate that OPERATOR shall be operating the Scoop Shop under the trade name "Ben & Jerry's," provided that OPERATOR shall also clearly identify itself as the owner and operator of the Scoop Shop;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees, referred to as OPERATORS, must operate and advertise their Scoop Shop only under the name "Ben & Jerry's." Franchisees must use the Proprietary Marks without any prefix or suffix, unless Ben & Jerrys provides authorization or requires otherwise.
Furthermore, franchisees are prohibited from using the Proprietary Marks, including the service marks, the abbreviations "B&J" or "BJ," or any name currently or in the future used for Ben & Jerry's Products, or any confusingly similar marks. This restriction applies to the franchisee's corporate, partnership, or other legal name, as well as to identifying the franchisee or the Scoop Shop in any legal or financial capacity. This includes bank checks, bank accounts, other financial accounts, email addresses, domain names, or any other electronic medium identification, unless Ben & Jerrys provides advance written agreement.
However, franchisees may indicate they are operating the Scoop Shop under the trade name "Ben & Jerry's" when necessary to conduct business and obtain governmental licenses and permits. In such cases, the franchisee must clearly identify itself as the owner and operator of the Scoop Shop. This ensures clarity and avoids any confusion about the actual ownership and operation of the franchise.