Must the serving and promotional items used by Bens Soft Pretzels contain one or more of the Trademarks?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
By way of example only, if we require you to change or modify the Trademarks, 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 Trademarks, (iii) cease all use of any advertising or marketing materials containing the former Trademarks, and (iv) change your letterhead, business cards and any other items containing the former Trademarks.
All changes or modifications to the Trademarks will be at your sole expense.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees may be required to cease using products, serving items, and promotional materials that contain the brand's trademarks if the franchisor decides to change or modify those trademarks. Bens Soft Pretzels retains the right to modify its trademarks, including the BEN'S SOFT PRETZELS Trademark, at any time and for any reason.
If Bens Soft Pretzels requires a change to the trademarks, they will provide written notice to the franchisee. The franchisee then has a reasonable amount of time, up to six months, to comply with the changes. This could involve changing signage, ceasing use of products and serving items with the old trademarks, stopping the use of advertising materials, and changing letterheads or business cards.
All costs associated with these changes to comply with the updated trademarks are the sole responsibility of the franchisee. This includes the expense of replacing branded items and materials. This clause highlights the importance of a franchisee's adaptability and financial readiness to update branding elements as directed by Bens Soft Pretzels.