Is a Benihana franchisee allowed to use Marks other than those designated by BNC?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
6.1.1 The RA® SUSHI Marks will be subject to a separate license agreement between Franchisee and RA Sushi Holding Corp. as provided in Section 3.11.1.
- 6.2 Franchisee will use only the Marks BNC designates and only in the manner and to the extent specifically permitted in this Agreement or otherwise by BNC in writing. Franchisee may use and display such Marks only in connection with the operation of the Restaurant and in compliance with the
BENIHANA Standards. Any unauthorized use of the Marks shall constitute an infringement of BNC's rights.
- 6.3 Any and all advertising, publicity, signs, decorations, furnishings, equipment, or other matter employing in any way whatsoever any of the Marks shall be submitted to BNC for its approval prior to publication or use. Franchisee shall also ensure that any use or depiction of the Marks in any advertising or other material prepared by the Landlord, if any, is approved in advance by BNC in order to confirm the proper use of the Marks.
- 6.4 Franchisee may not use the Marks or anything confusingly similar as part of Franchisee's corporate or other legal name, or as part of any e-mail address, domain name, or other identification of Franchisee or Franchisee's business, in any medium.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, franchisees are explicitly restricted to using only the Marks that Benihana designates. The franchisee must use these Marks only in the manner and to the extent specifically permitted within the franchise agreement or as otherwise communicated in writing by Benihana. Any unauthorized use of the Marks by the franchisee is considered an infringement of Benihana's rights.
This means a Benihana franchisee cannot create or use their own logos, trademarks, or branding elements that are different from what Benihana has approved. All advertising, publicity materials, signs, decorations, furnishings, and equipment that display any of the Marks must be submitted to Benihana for approval before they are used or published. This ensures that the brand maintains a consistent image and message across all franchise locations.
The franchisee is also prohibited from using the Marks, or anything confusingly similar, as part of their corporate or legal name, email address, domain name, or any other form of business identification. Furthermore, franchisees must include a written statement indicating that the restaurant is "independently owned and operated" on all approved uses of the Marks on business forms and other designated materials. Benihana retains the right to modify or substitute the Marks used within the system, and franchisees are obligated to comply with any such changes.
These strict controls over the use of Marks are typical in franchising to protect brand identity and goodwill. Prospective franchisees should understand that they have limited autonomy in creating their own branding and must adhere to Benihana's standards in all marketing and operational materials.