For Benjamin Franklin Plumbing, can the Marks be used for activities outside of the Territory?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
advertising guidelines and standards. The brand advertising standards may include the use of disclaimers, warnings, and other statements that Franchisor may prescribe. You are responsible for ensuring that your employees understand the policies relating to the use of social media and you are responsible for your employees' use of social media in accordance with such policies. We have the right to require that social media accounts, profiles, pages, and registrations that primarily promote the Marks or the Franchised Business be registered in Franchisor's name. For any such accounts that we permit to be registered in Franchisee's name, you agree to provide us with the current login credentials within five (5) days after opening the account or changing the credentials. You agree that we have the rights to: (i) access any social media accounts to take corrective action if the account or any postings are in violation of our policies; and (ii) take ownership of the accounts on expiration or termination of this Agreement and operate them thereafter as we see fit. We may offer to provide, or may require that you have, a website for your Franchised Business (which may be structured as a separate page of a consumer website(s) supported by the Brand Fund).
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;
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;
11.3.6 Permit us or our representatives to inspect your operations to assure that you are properly using the Marks;
- 11.3.7 Not use the Marks to incur any obligation or indebtedness on our behalf;
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, franchisees can use the Marks for approved activities outside of their designated territory. However, this is contingent on adherence to specific guidelines and policies set by the franchisor.
Specifically, a Benjamin Franklin Plumbing franchisee may process requests from outside their territory if the service is permitted under the franchisor's policies, as detailed in the Brand Standards Manuals or otherwise designated by the franchisor. If the franchisor allows advertising, solicitation, service, or sales in areas outside the territory not serviced by another franchisee, the franchisee must comply with all conditions and requirements specified in writing by Benjamin Franklin Plumbing.
Benjamin Franklin Plumbing retains the right to condition continued out-of-territory activities on the franchisee's agreement to purchase the franchise rights for the area where the services are being performed. The franchisee must immediately cease all activities in a territory if demanded by the franchisor or upon notice that the territory has been assigned to another franchisee or the franchisor. Failure to comply with these out-of-territory policies constitutes a material breach of the franchise agreement.
Furthermore, if a franchisee infringes on another franchisee's territory by generating gross revenue from services provided within that territory without written permission, Benjamin Franklin Plumbing may charge a Territory Infringement Fee. However, Benjamin Franklin Plumbing will not be liable for violations of out-of-territory policies by other franchisees. The franchisee must operate, advertise, and promote the franchised business only under the Marks and identify themselves as an independent franchisee.