Is a Bhc franchisee permitted to make changes to the trademarks without written permission?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
You are not permitted to make any changes or substitutions of any kind in or to the use of the Marks unless we direct in writing. We may change the System presently identified by the Marks, including the adoption of new Marks, new products, new equipment or new techniques and you must adopt the changes in the System. You must comply within a reasonable time if we notify you to discontinue or modify your use of any Mark. We will have no liability or obligation as to your modification or discontinuance of any Mark.
Source: Item 13 — Trademarks (FDD pages 39–41)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, franchisees are strictly prohibited from making any alterations to the brand's trademarks without explicit written consent from Bhc. This restriction is part of the licensing agreement granted to franchisees under the Master Franchise Agreement (MFA). Franchisees do not retain any rights to the marks beyond the scope of the MFA, and these rights cease upon the agreement's expiration or termination.
Bhc retains the authority to modify the system associated with the trademarks, including adopting new marks, products, equipment, or techniques. Franchisees are obligated to implement these changes within a reasonable timeframe. Furthermore, Bhc can instruct franchisees to discontinue or modify the use of any mark, without incurring any liability for the franchisee's modification or discontinuation.
This policy ensures brand consistency and quality control across all Bhc franchise locations. It protects the integrity of the trademarks, which are valuable assets for the company. While franchisees have the right to use the trademarks under the MFA, they must adhere to Bhc's standards and guidelines. This is a common practice in franchising, where maintaining a uniform brand image is crucial for success.
Prospective franchisees should understand that they have a responsibility to protect Bhc's intellectual property rights, including the trademarks. This includes promptly reporting any known or suspected infringement of the marks and providing assistance during any related proceedings. Franchisees must also sign any documents required by Bhc to protect the marks or maintain their validity and enforceability.