factual

What does the 'Trademarks' definition include for a Bens Soft Pretzels franchise?

Bens_Soft_Pretzels Franchise · 2025 FDD

Answer from 2025 FDD Document

  • G. "Trademarks" means the BEN'S SOFT PRETZELS Trademark that has been registered in the United States and elsewhere and the trademarks, service marks and trade names set forth on Schedule B, as we may modify and change from time to time, and the trade dress and other commercial symbols used in the Store. Trade dress includes the designs, color schemes and image we authorize you to use in the operation of the Store from time to time.

Source: Item 22 — CONTRACTS (FDD pages 46–47)

What This Means (2025 FDD)

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the term "Trademarks" encompasses the BEN'S SOFT PRETZELS Trademark, which is registered in the United States and elsewhere. It also includes the trademarks, service marks, and trade names listed on Schedule B, which may be modified or changed by Bens Soft Pretzels. Additionally, the definition extends to the trade dress and other commercial symbols used in the store, including the designs, color schemes, and image that Bens Soft Pretzels authorizes the franchisee to use in the operation of the store.

This definition is important for a prospective franchisee because it outlines the intellectual property that is licensed to them for use in their business. It also clarifies that Bens Soft Pretzels retains ownership of these trademarks and can modify them over time. The franchisee's right to use these trademarks is contingent upon adhering to the standards and requirements set forth in the franchise agreement.

It is also important to note 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, the franchisee will be given written notice and a reasonable amount of time, not exceeding six months, to comply with the changes. The franchisee will bear the sole expense of these changes, which may include updating signage, ceasing the use of products with the former trademarks, and changing letterhead and business cards.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.