Can a Bens Soft Pretzels franchisee use a similar name to 'Bens Soft Pretzels' for their business entity?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees are restricted from using the brand's name or similar names for their business entity. Specifically, a franchisee cannot incorporate the words "BEN'S SOFT PRETZELS," any of the brand's trademarks, or any substantially similar names or words as part of the name of their corporation, partnership, limited liability company, or any other similar entity. This restriction aims to protect the brand's identity and prevent any potential confusion in the marketplace.

This requirement ensures that the franchisee's business entity remains distinct from the Bens Soft Pretzels brand itself. While franchisees can use the trademarks on materials like business cards and stationery, they must clearly indicate that the business is independently owned and operated. This distinction is crucial for maintaining the integrity of the Bens Soft Pretzels brand and avoiding any misrepresentation of ownership or control.

In practice, this means that a prospective Bens Soft Pretzels franchisee needs to choose a business entity name that is entirely different from the Bens Soft Pretzels brand. For example, instead of "Ben's Soft Pretzels of [City] LLC," the franchisee might use a name like "[Franchisee's Last Name] Holdings LLC" to own and operate the Bens Soft Pretzels franchise. This requirement is a standard practice in franchising to protect the franchisor's trademarks and brand identity.