What name must a Bens Soft Pretzels franchisee use as the trade name of the Store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use the name BEN'S SOFT PRETZELS as the trade name of the Store and you may not use any other mark or words to identify the Store without our prior written consent.
You may not use any of the words BEN'S SOFT PRETZELS or any of the other Trademarks or any names or words that are substantially similar as part of the name of your corporation, partnership, limited liability company or other similar entity.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, a franchisee must use "BEN'S SOFT PRETZELS" as the trade name for their store. The franchisee is not allowed to use any other marks or words to identify the store without first obtaining written consent from Bens Soft Pretzels.
This requirement ensures brand consistency across all franchise locations, which is a common practice in franchising. By mandating the use of the "BEN'S SOFT PRETZELS" trade name, the franchisor maintains uniformity in branding and prevents franchisees from creating potentially confusing or dilutive names. This protects the brand's identity and reputation.
Furthermore, while franchisees must use the specified trade name for the store itself, they are also restricted from incorporating "BEN'S SOFT PRETZELS" or similar trademarks into the name of their business entity (e.g., corporation, LLC). This prevents any potential legal confusion or disputes over trademark ownership and reinforces the franchisor's exclusive rights to the brand name. Franchisees need to be aware of these stipulations to ensure full compliance with the franchise agreement and avoid any trademark infringements.