What kind of notices regarding trademarks, service marks, and copyrights is a Bft franchisee required to provide?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to give such notices of trademark and service mark registrations and copyrights (including the ® and © symbols) as Franchisor specifies and to obtain such fictitious or assumed name registrations as may be required under Applicable Laws.
- 4.3 Notification of Infringement. Franchisee agrees to notify Franchisor immediately in writing if it becomes aware that any person who is not a licensee of Franchisor is using or infringing upon any of the Marks. Franchisee may not communicate with any person other than Franchisor and its counsel in connection with any such use or infringement. Franchisor will have discretion to determine what steps, if any, are to be taken in any instance of unauthorized use or infringement of any of its Marks and will have complete control of any litigation or settlement in connection with any claim of an infringement or unfair competition or unauthorized use with respect to the Marks. Franchisee will execute any and all instruments and documents and will assist and cooperate with any suit or other action undertaken by Franchisor with respect to such unauthorized use or infringement such as by giving testimony or furnishing documents or other evidence. Franchisor will be responsible for legal expenses incurred by Franchisor in connection with any litigation or other legal proceeding involving such third-party. Franchisor shall not be liable for any legal expenses of Franchisee unless (a) pre-approved in writing by Franchisor in its discretion, and (b) the action proceeds or arises out of Franchisee's authorized use of the Marks hereunder.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to the 2025 Bft Franchise Disclosure Document, franchisees must provide notices of trademark and service mark registrations and copyrights, including the use of the ® and © symbols, as specified by Bft. Additionally, franchisees are required to obtain any fictitious or assumed name registrations that may be necessary under applicable laws. This ensures that Bft's intellectual property is properly protected and that the franchisee operates in compliance with legal requirements.
Furthermore, the franchisee is obligated to immediately notify Bft in writing if they become aware of any unauthorized use or infringement of Bft's marks by a non-licensee. The franchisee is restricted from communicating with any party other than Bft and its counsel regarding such infringements. Bft retains the discretion to decide on the appropriate course of action, including litigation or settlement, and has complete control over these proceedings.
The franchisee must also execute documents and assist Bft in any legal actions related to unauthorized use or infringement, such as providing testimony or furnishing evidence. Bft is responsible for the legal expenses incurred in these proceedings, unless the franchisee's expenses are pre-approved in writing by Bft and arise from the franchisee's authorized use of the marks. This protects Bft's brand and ensures consistent legal action against infringement while managing financial responsibility for legal actions.