Does the use of the Bens Soft Pretzels Trademarks by the franchisee inure to the benefit of the franchisor?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Bens Soft Pretzels' 2025 Franchise Disclosure Document, the franchisee's use of the Bens Soft Pretzels trademarks inures to the benefit of the franchisor. As the franchisee, you acknowledge that the trademarks are the property of Bens Soft Pretzels Franchising Corporation, who licenses their use to you and other franchisees. This means that any goodwill or positive brand recognition generated through your use of the trademarks ultimately benefits Bens Soft Pretzels.
As a Bens Soft Pretzels franchisee, you are explicitly prohibited from engaging in any conduct that could infringe upon, harm, or contest the franchisor's rights to the trademarks. This includes using the trademarks in a derogatory or inappropriate manner across any media platforms. You can only use the trademarks in connection with approved products and services that meet Bens Soft Pretzels' standards for quality, storage, production, preparation, sale, portioning, and packaging.
This clause is standard in franchising, as it protects the franchisor's brand and ensures consistent quality and representation across all franchise locations. It reinforces that while you have the right to operate under the Bens Soft Pretzels brand, the brand equity remains with the franchisor. This allows Bens Soft Pretzels to maintain control over its brand image and protect its intellectual property, while you benefit from operating under a recognized and established brand name.