How will Bens Soft Pretzels notify a franchisee of changes or modifications to the Marks?
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 will provide franchisees with written notice of any changes or modifications to the Marks. Upon receiving this written notice, franchisees will have a reasonable amount of time, not exceeding six months, to implement the changes. These changes must align with the terms specified in the written notice.
For a prospective franchisee, this means that Bens Soft Pretzels retains the right to modify its trademarks, menu items, products, equipment, or techniques, and franchisees are obligated to adopt these changes as if they were part of the original franchise agreement. For example, Bens Soft Pretzels may require a franchisee to stop using the BEN'S SOFT PRETZELS mark and switch to a different mark. These changes can be triggered by various factors, including challenges to the company's ownership of the marks, changes in market conditions, or claims of infringement.
It is important to note that all costs associated with these changes or modifications to the Marks are the sole responsibility of the franchisee. This includes expenses related to changing signage, discontinuing the use of products or advertising materials containing the old Marks, and updating letterheads or business cards. Bens Soft Pretzels assumes no liability or obligation for the franchisee's expenses related to modifying or discontinuing any Mark. This could potentially create a financial burden for franchisees if significant or frequent changes are required.