What must a Bens Soft Pretzels franchisee do if the Marks are modified?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Bens Soft Pretzels' 2025 Franchise Disclosure Document, Bens Soft Pretzels has the right to change the Marks and the System, including adopting new Marks, menu items, products, equipment, or techniques. If Bens Soft Pretzels modifies the Marks, franchisees must adopt these changes as if they were part of the original Franchise Agreement. Bens Soft Pretzels will provide written notice of any changes or modifications to the Marks. Franchisees then have a reasonable amount of time, not exceeding six months, to implement these changes.
These modifications are at the franchisee's sole expense, and Bens Soft Pretzels assumes no liability or obligation related to the franchisee's modification or discontinuation of any Mark. Examples of required changes include updating all interior and exterior signage, ceasing use of products or items containing the former Marks, discontinuing use of advertising or marketing materials with the old Marks, and changing letterhead and business cards.
This means a Bens Soft Pretzels franchisee must be prepared to invest additional capital to update their store's branding and marketing materials if the franchisor decides to change its Marks. The franchisee bears the full financial burden of these changes, which could include significant costs for new signage, printed materials, and potentially even product packaging. Franchisees need to factor in the potential for these rebranding expenses when evaluating the overall cost of the franchise.
While Bens Soft Pretzels provides a reasonable timeframe (up to six months) for implementing these changes, franchisees should be aware that this period may still require a rapid turnaround to avoid any disruption to their business. Franchisees should maintain open communication with Bens Soft Pretzels to understand the scope and timeline of any required changes and to ensure a smooth transition to the new Marks.