Does Bens Soft Pretzels state that they own the BEN'S SOFT PRETZELS Trademark?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, Bens Soft Pretzels Franchising Corporation states that they own the BEN'S SOFT PRETZELS Trademark. This is explicitly mentioned in the recitals section of the franchise agreement, where it is stated that the franchisor owns the trademark used in connection with the operation of a Bens Soft Pretzels store.

As a franchisee, you are granted a license to use the BEN'S SOFT PRETZELS trademark, but you must acknowledge that the trademarks are the property of Bens Soft Pretzels Franchising Corporation. This means that while you can use the trademark to operate your franchise, you cannot claim ownership or take actions that would infringe upon the franchisor's rights. The agreement also specifies that all goodwill associated with the trademark accrues to the benefit of Bens Soft Pretzels.

The franchise agreement also makes it clear that Bens Soft Pretzels reserves the right to change or modify the trademarks, including the BEN'S SOFT PRETZELS Trademark, at any time. If changes are made, franchisees will be given a reasonable amount of time, not exceeding six months, to comply with the changes, but all associated costs will be the franchisee's responsibility. This includes changes to signage, products, and marketing materials.

Furthermore, the agreement emphasizes that Bens Soft Pretzels will control any litigation related to the trademarks. If there is any improper use or infringement of the trademarks, the franchisor has the right to decide whether to pursue legal action. Franchisees are required to notify Bens Soft Pretzels of any such issues and assist in any resulting actions. This protects the brand's trademark and ensures consistent brand representation.