Does Bens Soft Pretzels claim common law trademark rights for all of its Marks?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, Bens Soft Pretzels claims common law trademark rights for all of its Marks. This means that in addition to any registered trademarks, Bens Soft Pretzels asserts rights to its brand identifiers based on their actual use in commerce. This is a common practice, as it provides an additional layer of protection for their brand. The Franchise Agreement licenses franchisees to use the BEN'S SOFT PRETZELS trademark, along with other trademarks, service marks, trade names, and commercial symbols, collectively referred to as the "Marks".

Bens Soft Pretzels has filed or intends to file all required affidavits and renewals for the Marks listed in the Franchise Agreement. This indicates that Bens Soft Pretzels is actively maintaining and protecting its registered trademarks. The franchisee's use of the Marks and any associated goodwill benefit Bens Soft Pretzels exclusively, and the franchisee retains no rights in the Marks upon expiration or termination of the Franchise Agreement. This is standard in franchising, ensuring the brand's integrity and value remain with the franchisor.

Bens Soft Pretzels retains the right to change Schedule B of the Franchise Agreement, which identifies the Marks that the franchisee is licensed to use. Furthermore, Bens Soft Pretzels can change the System identified by the Marks, including adopting new Marks, Menu Items, products, equipment, or techniques, which the franchisee must adopt as part of the Franchise Agreement. For example, Bens Soft Pretzels may require the franchisee to cease using the BEN'S SOFT PRETZELS Mark and use a different Mark. There are no limitations on Bens Soft Pretzels's right to change or modify the Marks, and they may do so for any reason, including challenges to their ownership, changes in market conditions, or claimed infringement. Franchisees will receive written notice of any changes and have a reasonable amount of time, not exceeding six months, to implement them. All costs associated with these changes are the franchisee's sole responsibility, and Bens Soft Pretzels has no liability for these modifications.