Upon termination of the Bens Soft Pretzels agreement, what happens to the rights to use the Trademarks?
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.
You further acknowledge that your right to use the Trademarks is specifically conditioned upon the following:
- A.
Trademark Ownership.
The Trademarks are our valuable property, and we are the owner of all right, title and interest in and to the Trademarks and all past, present or future goodwill of the Store and of the business conducted at the Store that is associated with or attributable to the Trademarks.
Your use of the Trademarks will inure to our benefit.
You may not, during or after the term of this Agreement, engage in any conduct directly or indirectly that would infringe upon, harm or contest our rights in any of the Trademarks or the goodwill associated with the Trademarks, including any use of the Trademarks in a derogatory, negative, or other inappropriate manner in any media, including but not limited to print or electronic media.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the franchisee's right to use the Bens Soft Pretzels trademarks is contingent upon the franchise agreement. The franchisee acknowledges that the trademarks are the property of Bens Soft Pretzels, who licenses their use to franchisees.
Upon termination of the franchise agreement, the franchisee's right to use the trademarks also terminates. The franchisee cannot use the Bens Soft Pretzels trademarks in any manner after the agreement ends. This includes refraining from using the trademarks in a way that could harm or contest Bens Soft Pretzels' rights.
Bens Soft Pretzels retains the right to modify the trademarks at any time, and franchisees must comply with these changes, potentially incurring expenses to update signage and materials. This ensures brand consistency and protects the trademark rights of Bens Soft Pretzels. The FDD states that upon termination or expiration of the agreement, the right to participate in their website and intranet or extranet system, or otherwise use the Trademarks or System on the Internet or other online communications, will terminate.