What constitutes an infringement of the Marks according to the Bhc franchise agreement?

According to Bhc's 2025 Franchise Disclosure Document, using the Marks outside the scope of the franchise agreement without written consent from Bhc is considered an infringement. The Marks are the proprietary marks associated with the Bhc system, including registered and common law trademarks, service marks, trade names, logos, insignias, designs, and other commercial symbols that Bhc is authorized to use.

For a Bhc franchisee, this means that the right to use Bhc's Marks is specifically limited to the operation of the franchised business at the designated location and within the terms outlined in the franchise agreement and operations manual. Franchisees, their principal equity operators, employees, agents, and representatives are prohibited from using any other trademarks, trade names, service marks, insignias, or logo types unless approved by Bhc. They also cannot use the Marks in connection with any business or activity outside the scope of the franchised business.

Furthermore, franchisees can only use the Marks on the Internet or other electronic media as authorized by Bhc in the operations manual or in writing. After the franchise agreement expires or terminates, the franchisee cannot contest the validity, distinctiveness, ownership, or enforceability of the Marks. These restrictions are typical in franchising to protect the brand's integrity and value.