Does Bens Soft Pretzels have any liability or obligation regarding a franchisee's modification or discontinuance of any Mark?
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 Bens Soft Pretzels's 2025 Franchise Disclosure Document, Bens Soft Pretzels bears no liability or obligation regarding a franchisee's modification or discontinuance of any Mark. Bens Soft Pretzels retains the right to change the Marks and may require franchisees to cease using the BEN'S SOFT PRETZELS Mark and adopt a different Mark.
If Bens Soft Pretzels requires a franchisee to change or modify the Marks, the franchisee may be required to change all signage, cease using products containing the Marks, cease using advertising materials containing the former Marks, and change letterhead and business cards. The franchisee bears the sole expense for all changes or modifications to the Marks. Franchisees have a reasonable amount of time, not to exceed six months, to implement these changes after receiving written notice from Bens Soft Pretzels.
This means that a Bens Soft Pretzels franchisee must be prepared to invest in rebranding their store at their own expense if required by the franchisor. This could include significant costs for new signage, marketing materials, and other branded items. The franchisee assumes the risk of these potential costs, as Bens Soft Pretzels explicitly states it has no liability or obligation for these modifications or discontinuances.