What must a Benihana franchisee do before using any advertising, publicity, signs, or other matter employing any of the Marks?

According to Benihana's 2024 Franchise Disclosure Document, a franchisee must submit any advertising, publicity, signs, decorations, furnishings, equipment, or other materials that use Benihana's marks to Benihana for approval before they are published or used. This includes ensuring that any use or depiction of the marks in advertising or other material prepared by the landlord is approved in advance by Benihana. This is to confirm the proper use of the marks.

This requirement ensures that the Benihana brand is consistently represented and that all marketing materials meet the franchisor's standards. It protects the integrity and uniformity of the Benihana brand across all franchise locations. By requiring approval, Benihana maintains control over how its trademarks are used and prevents any unauthorized or incorrect representation of the brand.

For a prospective franchisee, this means that all marketing and advertising efforts must be pre-approved by Benihana. This may add time to marketing campaigns, as materials must be submitted and approved before use. However, this also provides the franchisee with the benefit of Benihana's expertise in brand management and marketing, ensuring that all advertising is effective and compliant with brand standards.