Who is the registered owner of the Proprietary Marks for the United States for Ben Jerrys?
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 & Jerry's, referred to as "TM Affiliate", is the registered owner of the Proprietary Marks for the United States. Ben & Jerry's, through a license with TM Affiliate, is authorized to use and license others to use these Proprietary Marks as outlined in the franchise agreement.
This arrangement means that while franchisees operate under the Ben & Jerry's brand, they do so under a license granted by Ben & Jerry's, which in turn is licensed by its affiliate. Franchisees' rights to use the trademarks are strictly limited to the uses authorized in the franchise agreement; any unauthorized use constitutes an infringement of the rights of both Ben & Jerry's and TM Affiliate.
As a Ben & Jerry's franchisee, it is important to acknowledge that TM Affiliate owns all rights, titles, and interests in the Proprietary Marks and the associated goodwill. Franchisees cannot contest the validity of the trademarks or TM Affiliate's ownership. All goodwill arising from a franchisee's use of the Proprietary Marks benefits Ben & Jerry's and TM Affiliate, and no monetary value is assigned to the franchisee upon termination of the agreement.