What must a Benjamin Franklin Plumbing franchisee do regarding trade name or fictitious name registrations?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
11.3.4 Comply with our instructions in filing and maintaining any requisite trade name or fictitious name registrations, and sign any documents we deem necessary to obtain protection for the Marks or to maintain their continued validity and enforceability;
11.3.5 Not independently register or apply for registration of any trademark, service mark, trade name, domain name or electronic identifier relating directly or indirectly to the Marks, anywhere in the world, without our prior written consent.
Any such registration or application by you, whether or not authorized by us, will be deemed to be owned by Franchisor and you agree to take such steps, including signing an assignment document, as we may request to confirm our ownership;
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, franchisees must adhere to specific requirements regarding trade name and fictitious name registrations. Benjamin Franklin Plumbing requires franchisees to comply with their instructions for filing and maintaining any necessary trade name or fictitious name registrations. This includes signing any documents that Benjamin Franklin Plumbing deems necessary to protect the trademarks and ensure their validity and enforceability.
Furthermore, franchisees are prohibited from independently registering or applying for any trademark, service mark, trade name, domain name, or electronic identifier that directly or indirectly relates to the Benjamin Franklin Plumbing marks without prior written consent from the company. Any unauthorized registration or application will be considered the property of Benjamin Franklin Plumbing, and the franchisee must take steps to confirm this ownership, including signing assignment documents if requested.
These stipulations ensure that Benjamin Franklin Plumbing maintains control over its brand and trademarks, preventing franchisees from taking actions that could dilute or infringe upon the brand's identity. This is a common practice in franchising, as consistent brand representation is crucial for maintaining customer recognition and trust. Franchisees should be aware of these requirements and ensure they follow the franchisor's instructions to avoid potential legal or contractual issues.