Does Bens Soft Pretzels specify that the Trademarks are licensed to the franchisee and others?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that the Trademarks are our property and we have licensed the use of the Trademarks to you and others.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, the Trademarks are licensed to both the franchisee and other parties. The franchise agreement states that the trademarks are the property of Bens Soft Pretzels, and the franchisor has licensed their use to the franchisee and others.
This means that while franchisees have the right to use the Bens Soft Pretzels trademarks to operate their stores, the franchisor retains ownership and can also license the trademarks to other franchisees, company-owned stores, or even third parties through alternative distribution channels. This could include locations like military bases, airports, theme parks or even mobile store businesses.
As a franchisee, it is important to understand that Bens Soft Pretzels has the right to modify the trademarks at any time, and franchisees are responsible for the expenses of complying with any changes. Additionally, franchisees must adhere to the franchisor's standards for trademark use, including proper display and approved products and services. Franchisees are also required to notify Bens Soft Pretzels of any potential infringement or misuse of the trademarks.