What is the franchisee obligated to do regarding the use of Marks and the System for a Benjamin Franklin Plumbing franchise?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
11. LICENSED MARKS AND COPYRIGHTS
- 11.1. Identification of the Franchised Business; Public Notice of Independent Status. You are required to operate, advertise, and promote the Franchised Business only under the Marks. In conjunction with any use of the Marks, you are required to conspicuously identify yourself in all dealings with customers, employees, contractors, landlords, vendors, suppliers, reporters, public officials, and others as an independent franchisee operating under authority of this Agreement. You are required to display a prominent notice, in a form that we may prescribe, in the premises of the Franchised Business and on all business cards, stationery, advertising, signs, vehicle wraps, and other public-facing materials, identifying us as the owner of the Marks and stating that you are a licensed user of the Marks.
- 11.2. Your Acknowledgments. You acknowledge that: (a) the Marks are valid and serve to identify the Brand and the Franchised Businesses operating under the System; (b) your use of the Marks under this Agreement does not give you any ownership interest in the Marks; and (c) all goodwill associated with and identified by the Marks belongs exclusively to Franchisor. Upon expiration or termination of this Agreement, no monetary amount will be attributable to goodwill associated with your activities as a franchisee under the Marks. Both during and after this Agreement, you agree not to contest or aid in contesting the validity or ownership of the Marks or take any action harmful to our rights in the Marks.
11.3. Limitations on Use of the Marks. You agree to:
- 11.3.1 Use the Marks only for the operation of the Franchised Business within the Territory, for approved activities outside of the Territory, and for approved marketing and advertising for the Franchised Business;
- 11.3.2 Use the Marks to promote and to offer for sale only the products and services that we have approved, and not use any Marks in association with the products, materials or services of others or in any other manner that we have not expressly approved;
- 11.3.3 Use only the Marks designated by us and use them only in the manner we authorize;
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 FDD, a Benjamin Franklin Plumbing franchisee has several obligations regarding the use of the brand's Marks and System. The franchisee must operate, advertise, and promote their franchised business solely under the specified Marks. In all interactions with customers, employees, and other parties, the franchisee must clearly identify themselves as an independent franchisee operating under the authority of the franchise agreement. This includes displaying a prominent notice in the business premises and on all public-facing materials, indicating that the franchisor owns the Marks and that the franchisee is a licensed user.
The franchisee acknowledges that the Marks are valid and identify the Benjamin Franklin Plumbing brand and its franchised businesses. They also agree that their use of the Marks does not grant them any ownership interest, and all goodwill associated with the Marks belongs exclusively to the franchisor. The franchisee is prohibited from contesting the validity or ownership of the Marks, both during and after the franchise agreement.
The franchisee's use of the Marks is limited to the operation of the franchised business within their designated territory, approved activities outside the territory, and approved marketing and advertising. They can only use the Marks to promote and sell approved products and services, and they cannot use the Marks in association with unapproved products or services. The franchisee must use only the Marks designated by the franchisor and in the manner authorized by the franchisor. These stipulations ensure brand consistency and protect the franchisor's intellectual property rights.