Under what name must the Scoop Shop operate and advertise for Ben Jerrys?
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 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;
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.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a franchisee must operate and advertise their Scoop Shop under the name "Ben & Jerry's." The franchisee must use the Proprietary Marks without any prefix or suffix, unless Ben & Jerry's authorizes or requires otherwise.
While operating the Scoop Shop, the franchisee may need to indicate that they are operating under the trade name "Ben & Jerry's" to obtain governmental licenses and permits. However, in these instances, the franchisee must clearly identify themselves as the owner and operator of the Scoop Shop.
Furthermore, the franchisee cannot use Ben & Jerry's Proprietary Marks, the abbreviations "B&J" or "BJ," or any name currently or in the future used for Ben & Jerry's Products as part of their corporate, partnership, or other legal name. This restriction also applies to identifying the franchisee or the Scoop Shop in any legal or financial capacity, including bank checks, accounts, email addresses, domain names, or other electronic media, unless Ben & Jerry's provides advance written agreement.