Is Bft aware of any existing agreements that significantly limit their right to use or license the Bft Marks?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
We are not aware of any prior superior rights or infringing uses that would materially affect your use of the Marks. There are no agreements currently in effect, which significantly limit our rights to use or license the use of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 54–55)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, Bft states they are not aware of any agreements that significantly limit their rights to use or license the use of their marks. This means that, as of the FDD's publication, Bft believes it has full legal authority to allow franchisees to use the Bft trademarks in their business operations. This is a positive sign for prospective franchisees, as it suggests there are no known legal challenges or restrictions that could impede their ability to operate under the Bft brand.
Bft also states that franchisees must immediately notify them of any apparent infringement or challenge to the use of the marks. While Bft is not obligated to do so, they will take any action deemed appropriate and will control any litigation or proceeding. Franchisees must cooperate with any litigation relating to the Marks which Bft or their affiliates, or the licensor, might undertake. This clause places the responsibility on the franchisee to be vigilant about potential trademark infringements and to inform Bft promptly.
Furthermore, Bft retains significant control over the use of its marks. Franchisees must adhere to Bft's rules regarding trademark usage and cannot use the marks in unauthorized ways, such as part of a corporate name or with modifying words without explicit permission. Franchisees also cannot register or claim ownership of the marks. Bft also has the right to modify or discontinue the use of any of the marks, and franchisees must comply with these changes, without compensation for any costs incurred. This level of control is typical in franchising, as franchisors need to protect their brand identity and ensure consistent representation across all franchise locations.