What policies does Bens Soft Pretzels have in place to protect its trademarks and trade secrets?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
Attached as Exhibit E to this Disclosure Document is the table of contents for our Manual. You must treat the Manual, and other written materials created for or approved for use in the operation of the Store, and the information contained in them, as confidential. The Manual will remain our sole property. We may, from time to time, revise the contents of the Manual and you must comply with each new or changed standard. The Manual includes 121 pages.
Chapter 17: Trademarks and Trade Secrets - Protection Policies
PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION Examples of Trademark Misuse
Except as provided above, or as approved by us in writing, you may not develop, maintain or authorize any website, domain name, URL address, email address, other online presence or other electronic medium that mentions your Store, links to any Franchise System Website or displays any of the Marks, or engages in any promotional or similar activities, whether directly or indirectly, through or on the internet, or any other similar proprietary or common carrier electronic delivery system. If we approve the use of any such websites, other online presences or electronic mediums, including social networking websites (such as LinkedIn®, Twitter®, Instagram®, Facebook®, or YouTube®) in the operation of your Store, or the posting of messages relating to your Store on other websites, you will do so only in accordance with our guidelines. We reserve the right to require our approval of any message you compose for a social networking website or commentary for any other website before you post such message or commentary.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 23–30)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels FDD, the policies for trademarks and trade secret protection are found in Chapter 17 of the manual, titled "Trademarks and Trade Secrets - Protection Policies." This chapter also includes examples of trademark misuse. Franchisees are required to treat the manual and all written materials as confidential, and the manual remains the sole property of Bens Soft Pretzels. The franchisor may revise the manual from time to time, and franchisees must comply with each new or changed standard.
Bens Soft Pretzels also implements controls over a franchisee's online presence. Unless explicitly approved in writing, franchisees cannot develop or maintain any website, domain name, URL, email address, or other online presence that mentions their store, links to the franchise system website, or displays any of the brand's marks. If a franchisee is approved to use social media or other online platforms, they must adhere to the franchisor's guidelines and may be required to obtain approval for any messages or commentary before posting.
These measures ensure that franchisees do not misuse the Bens Soft Pretzels trademarks or reveal trade secrets that could harm the brand. By maintaining control over the manual and online presence, Bens Soft Pretzels aims to protect its brand identity and proprietary information, which is a common practice in franchising to maintain consistency and protect the brand's reputation.