Under the Ben Jerrys franchise agreement, what does the term 'Proprietary Marks' refer to?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
The System is identified by means of certain trade names, service marks, trademarks, logos, emblems, and indicia of origin as are now designated and may hereafter be designated by BEN & JERRY'S in writing for use in connection with the System including the mark "Ben & Jerry's" and other marks (the "Proprietary Marks").
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the term "Proprietary Marks" refers to the trade names, service marks, trademarks, logos, emblems, and indicia of origin that Ben Jerrys designates in writing for use with its System. The mark "Ben & Jerry's" is specifically included within the definition of Proprietary Marks.
As a Ben Jerrys franchisee, you are granted the right and obligated to use these Proprietary Marks solely in connection with operating a Ben & Jerry's Scoop Shop. This means you must use the designated trademarks and logos when operating your franchise. You acknowledge that TM Affiliate owns all rights, title, and interest in the Proprietary Marks and the associated goodwill.
During and after the term of the franchise agreement, franchisees cannot contest the validity of the Proprietary Marks. Any goodwill arising from the use of these marks benefits Ben Jerrys exclusively. Ben Jerrys retains the right to use the Proprietary Marks, grant licenses to others, and even substitute different proprietary marks for the System. Franchisees must also avoid using any marks that could cause confusion or dilute Ben Jerrys's rights to its Proprietary Marks.