Does Bens Soft Pretzels own the BEN'S SOFT PRETZELS Trademark?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
C. We own the BEN'S SOFT PRETZELS Trademark and other trademarks used in connection with the operation of a BEN'S SOFT PRETZELS store;
You acknowledge and agree that the Trademarks are our property and we have licensed the use of the Trademarks to you and others.
The Trademarks are our valuable property, and we are the owner of all right, title and interest in and to the Trademarks and all past, present or future goodwill of the Store and of the business conducted at the Store that is associated with or attributable to the Trademarks.
In the event any person or entity improperly uses or infringes the Trademarks or challenges your use or our use or ownership of the Trademarks, we will control all litigation and we have the right to determine whether suit will be instituted, prosecuted or settled, the terms of settlement and whether any other action will be taken.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, Bens Soft Pretzels owns the BEN'S SOFT PRETZELS Trademark. The franchise agreement states that Bens Soft Pretzels has developed a unique system for a soft pretzel store and owns the BEN'S SOFT PRETZELS Trademark along with other trademarks used in connection with the operation of a Bens Soft Pretzels store.
The agreement emphasizes that the trademarks are the property of Bens Soft Pretzels, and the franchisee is licensed to use them. Franchisees acknowledge that all rights, titles, and interests in the trademarks, including goodwill associated with the store, belong to Bens Soft Pretzels. The franchisee's use of the trademarks will benefit Bens Soft Pretzels, and franchisees cannot engage in any conduct that would infringe upon or harm the franchisor's rights.
Bens Soft Pretzels retains control over any litigation related to the trademarks, including the right to decide whether to initiate, prosecute, or settle a suit. Franchisees must notify Bens Soft Pretzels of any infringement or challenges to the use of the trademarks and assist in any related actions. While Bens Soft Pretzels is responsible for the fees and expenses of such actions, franchisees may be required to reimburse Bens Soft Pretzels if the challenge results from the franchisee's misuse of the trademarks.