When identifying the Franchised Bhc Restaurant, what trade name containing the mark 'BHC' must a franchisee use?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) In connection with Franchisee's operation of the Franchised BHC Restaurant, Franchisee agrees that at all times and in all advertising, promotions, signs and other display materials, on Franchisee's letterheads, business forms, and at the Franchised BHC Restaurant and other authorized business sites, in all of Franchisee's business dealings related thereto and to the general public, Franchisee will identify the Franchised Business solely under a trade name containing the Mark "BHC" and authorized by Franchisor ("Business Name") together with the words "INDEPENDENTLY OWNED AND OPERATED" on Franchisee's letterhead, contract agreements, invoices, advertising and other written materials containing the Marks as Franchisor may direct.
- (b) Franchisee must file and keep current a fictitious business name statement, assumed name certificate or similar document regarding Franchisee's Business Name in the county or other designated jurisdiction in which Franchisee is conducting business and at such other places as may be required by law. Before Franchisee commences engaging in the Franchised Business under the Marks, Franchisee must supply evidence satisfactory to Franchisor that Franchisee has complied with relevant laws regarding the use of fictitious or assumed names.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, when operating a franchised Bhc restaurant, a franchisee must identify the business using a trade name that includes the mark "BHC." This name must be authorized by Bhc. Additionally, the franchisee must include the words "INDEPENDENTLY OWNED AND OPERATED" on letterheads, contract agreements, invoices, advertising, and other written materials that contain Bhc's marks, as directed by Bhc.
This requirement ensures that the Bhc brand is consistently represented across all franchised locations while also clarifying the franchisee's independent ownership. This is a common practice in franchising, as it helps maintain brand uniformity and avoids misleading customers about the relationship between the franchisor and franchisee.
Furthermore, the franchisee is obligated to file and maintain a current fictitious business name statement, assumed name certificate, or similar document related to the authorized business name in the relevant jurisdiction. Before commencing business operations under the Bhc marks, the franchisee must provide satisfactory evidence of compliance with these legal requirements to Bhc. This protects Bhc's brand and ensures legal compliance of the franchisee.