What trademark does the Franchise Agreement license franchisees to use for Bens Soft Pretzels?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the Franchise Agreement licenses franchisees to use the trademark "BEN'S SOFT PRETZELS," along with other trademarks, service marks, trade names, and commercial symbols, which are collectively referred to as the "Marks." Bens Soft Pretzels also asserts common law trademark rights for all of these Marks and states that they have filed or intend to file all necessary affidavits and renewals for the listed Marks. The trademark "BEN'S SOFT PRETZELS (word mark)" is registered under registration number 4066810, with a registration date of December 6, 2011.

Bens Soft Pretzels retains the right to modify the System, including adopting new Marks, Menu Items, products, equipment, or techniques, and franchisees must adopt these changes as if they were part of the original Franchise Agreement. For instance, Bens Soft Pretzels may require franchisees to stop using the BEN'S SOFT PRETZELS Mark and use a different Mark. These changes can occur due to challenges to the ownership of the Marks, changes in market conditions, or claimed or actual infringement of the Marks. Franchisees will receive written notice of any changes and will have up to six months to implement them.

Franchisees are not allowed to make any changes to the Marks unless directed in writing by Bens Soft Pretzels. If changes or substitutions are required due to trademark infringement, franchisees are responsible for all associated expenses. Bens Soft Pretzels is not obligated to protect franchisees against infringement claims arising from the use of the Marks, nor are they required to participate in the franchisee's defense or indemnify them. However, franchisees must promptly notify Bens Soft Pretzels of any infringement or unauthorized use of the Marks. Bens Soft Pretzels reserves the right to control any litigation related to the Marks and decide on actions regarding infringement.