Must the direction to make changes or substitutions to the Marks from Bens Soft Pretzels be in writing?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You are not permitted to make any changes or substitutions of any kind in or to the use of the Marks unless we direct in writing. We may change the System presently identified by the Marks including the adoption of new Marks, new Menu Items, new products, new equipment or new techniques and you must adopt the changes in the System, as if they were part of the Franchise Agreement at the time of its execution. For example, we may require you to cease all use of the BEN'S SOFT PRETZELS Mark at any time and require you to use a different Mark as we may designate in connection with the operation and identification of your Store. There are no limitations on our right to change or modify the Marks and we may change or modify the Marks for any reason including, but not limited to, any challenge to our ownership of the Marks, a change in market conditions, or any claimed or actual infringement of our Marks. We will provide you with written notice of any changes or modifications to the Marks. Upon receipt of our written notice you will have a reasonable amount of time, not to exceed six (6) months, to change or modify your use of the Marks consistent with the terms contained in the written notice. By way of example only, if we require you to change or modify the Marks, you may be required to do any of the following: (i) change all signage (interior and exterior) used in connection with the operation or identification of your Store, (ii) cease all use of any products, serving and/or convenience items containing the Marks, (iii) cease all use of any advertising or marketing materials containing the former Marks, and (iv) change your letterhead, business cards and any other items containing the former Marks. All changes or modifications to the Marks will be at your sole expense. We will have no liability or obligation as to your modification or discontinuance of any Mark.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, any required changes or substitutions to the Marks must be communicated to the franchisee in writing. The FDD specifies that franchisees are not allowed to make any changes or substitutions to the Marks unless Bens Soft Pretzels directs them to do so in writing. This ensures that all franchisees adhere to the brand's current standards and prevents unauthorized alterations to the brand's image. The Marks that franchisees are licensed to use are identified in Schedule B of the Franchise Agreement, which Bens Soft Pretzels has the right to change.
Bens Soft Pretzels may change the System identified by the Marks, including adopting new Marks, menu items, products, equipment, or techniques. Franchisees are obligated to adopt these changes as if they were part of the original Franchise Agreement. For example, Bens Soft Pretzels could require a franchisee to stop using the BEN'S SOFT PRETZELS Mark and use a different Mark.
Written notice of any changes or modifications to the Marks will be provided to the franchisee, who will then have a reasonable amount of time, not exceeding six months, to implement the changes. These changes could include updating signage, discontinuing the use of products containing the old Marks, ceasing the use of advertising materials with the old Marks, and changing letterheads and business cards. All costs associated with these changes or modifications are the franchisee's sole responsibility, and Bens Soft Pretzels assumes no liability for these modifications.