Who is the registered owner of the Proprietary Marks for Ben Jerrys in the United States?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
BEN & JERRY'S represents with respect to the Proprietary Marks that:
- 8.1 An affiliate of BEN & JERRY'S ("TM Affiliate") is the registered owner of the Proprietary Marks for the United States. Through a license with TM Affiliate, BEN & JERRY'S holds a license to use, and to license others to use, the Proprietary Marks in the manner contemplated by this Agreement.
- 8.1.1 BEN & JERRY'S and TM Affiliate will take all steps reasonably necessary to preserve and protect the ownership and validity in and to the Proprietary Marks.
- 8.2 OPERATOR's right to use the Proprietary Marks is limited to such uses as are authorized under this Agreement, and any unauthorized use thereof shall constitute an infringement of rights of BEN & JERRY'S and TM Affiliate.
- 8.3 With respect to OPERATOR's use of the Proprietary Marks, OPERATOR agrees to:
- 8.3.1 Use only the Proprietary Marks designated by BEN & JERRY'S, and to use them only in the manner authorized and permitted by BEN & JERRY'S;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, an affiliate of Ben Jerrys, referred to as "TM Affiliate", is the registered owner of the Proprietary Marks for the United States. Ben Jerrys itself holds a license from this TM Affiliate, which allows them to use and license others to use the Proprietary Marks in accordance with the franchise agreement.
This arrangement means that while franchisees will be using the Ben Jerrys trademarks, the actual ownership resides with the TM Affiliate. Franchisees must adhere to the specific guidelines set by Ben Jerrys regarding the use of these marks. Unauthorized use of the Proprietary Marks by the franchisee constitutes an infringement of the rights of both Ben Jerrys and the TM Affiliate.
As a Ben Jerrys franchisee, it is important to understand that your rights to use the trademarks are limited and defined by the franchise agreement. You are obligated to use the marks only in the manner authorized by Ben Jerrys, and any deviation could lead to legal repercussions. Additionally, franchisees must acknowledge that all goodwill associated with the use of the Proprietary Marks ultimately benefits Ben Jerrys and the TM Affiliate, not the franchisee.