What is Ben Jerrys required to do to preserve and protect the ownership and validity of the Proprietary Marks?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
in writing. BEN & JERRY'S hereby licenses the use of such data back to OPERATOR, at no additional cost, solely for the term of this Agreement and solely for OPERATOR'S use in connection with the Scoop Shop.
8. PROPRIETARY MARKS
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, Ben & Jerry's and its TM Affiliate are required to take all steps reasonably necessary to preserve and protect the ownership and validity of the Proprietary Marks. This obligation ensures that the trademarks associated with the Ben Jerrys brand remain legally protected and exclusive to the company.
For a prospective franchisee, this means that Ben Jerrys is committed to maintaining the strength and recognition of its brand. This protection extends to the franchisee, as it defends the franchisee against third-party claims arising from the franchisee's authorized use of the Proprietary Marks, provided the franchisee adheres to the franchise agreement. If Ben Jerrys determines the franchisee has used the marks correctly, Ben Jerrys will cover the costs of the defense, excluding the franchisee's employee salary costs.
This commitment is crucial for franchisees because the value of a Ben Jerrys franchise is closely tied to the brand's reputation and customer recognition. By actively safeguarding its trademarks, Ben Jerrys aims to prevent unauthorized use or infringement by others, which could dilute the brand's value and negatively impact the franchisee's business. The franchisee also has a role in protecting the marks, as they are required to notify Ben Jerrys of any suspected unauthorized use or challenges to the validity of the Proprietary Marks.