What rules must a Bevaris Alliance franchisee follow when using the Bevaris Alliance trademarks?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
tering; contract food services | You must follow our rules when you use these marks. You cannot use a name or mark as part of a corporate name or with modifying words, designs or symbols except for those which Bevaris licenses to you. You may not use Bevaris' name or the trademarks in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by Bevaris.
No agreements are currently in effect that significantly limit the rights of the franchisor to use or license the use of such proprietary marks that are material to the franchise.
There are no affidavits yet due for these trademarks, which were registered in 2021. The first maintenance documents are due in 2027.
You must notify Bevaris immediately when you learn about an infringement of or challenge to your use of our trademarks. Bevaris will take the action we think appropriate. While Bevaris is not required to defend you against a claim against your use of our trademarks, Bevaris will reimburse you for your liability and reasonable costs in connection with defending Bevaris' trademarks. To receive reimbursement, you must have notified Bevaris immediately when you learned about the infringement or challenge.
You must modify or discontinue the use of a trademark if we modify or discontinue it.
Source: Item 13 — TRADEMARKS (FDD pages 14–16)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, franchisees must adhere to specific rules when using the company's trademarks. These rules are designed to protect the brand's identity and ensure consistent representation. Franchisees cannot use the Bevaris Alliance name or trademarks as part of a corporate name or with unauthorized modifications, designs, or symbols. They are also prohibited from using the trademarks in connection with the sale of unauthorized products or services, or in any manner not explicitly authorized in writing by Bevaris Alliance.
Furthermore, franchisees must immediately notify Bevaris Alliance of any infringement or challenge to the use of the company's trademarks. While Bevaris Alliance is not obligated to defend franchisees against claims, they will reimburse franchisees for liability and reasonable costs incurred in defending the trademarks, provided that Bevaris Alliance was promptly notified of the issue. Franchisees are also required to modify or discontinue the use of a trademark if Bevaris Alliance makes changes or discontinues it, in which case Bevaris Alliance will cover the tangible costs of compliance, such as changing signs.
Finally, franchisees are prohibited from directly or indirectly contesting Bevaris Alliance's rights to its trademarks, trade secrets, or business techniques. Bevaris Alliance registered the trademarks 'BEVARIS ALLIANCE' and a related design on November 9, 2021. The 'BEVARIS ALLIANCE' trademark covers food services business operations and management for others, as well as catering and contract food services.