Is a Bens Soft Pretzels franchisee required to comply with all trademark notice marking requirements?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You must comply with all trademark, trade name and service mark notice marking requirements.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees must comply with all trademark, trade name, and service mark notice marking requirements. This means a franchisee must properly display all required trademark notices on products, marketing materials, and signage as directed by Bens Soft Pretzels. This is a standard practice in franchising to protect the brand's trademarks.
Bens Soft Pretzels retains ownership of all trademarks, and the franchisee's use of these trademarks inures to the benefit of Bens Soft Pretzels. Franchisees are only allowed to use trademarks specified in Schedule B of the franchise agreement or as otherwise directed in writing by Bens Soft Pretzels. They can only use the trademarks in connection with approved products and services that meet Bens Soft Pretzels' standards for quality, storage, production, preparation, sale, portion, and packaging.
Franchisees must use "BEN'S SOFT PRETZELS" as the trade name for their store and cannot use any other mark or words without prior written consent. They also cannot use "BEN'S SOFT PRETZELS" or similar names as part of their business entity's name. This ensures consistent branding across all franchise locations and prevents any potential confusion among customers.
Bens Soft Pretzels reserves the right to change or modify the trademarks at any time, and franchisees must comply with these changes, potentially incurring expenses to update signage, products, and marketing materials. This clause highlights the importance of franchisees maintaining open communication with Bens Soft Pretzels to stay informed about any trademark updates and to ensure continued compliance.