What are the 'Marks' associated with the Bhc system?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Marks" means the proprietary marks that are associated with the System and associated designs in respect of which registrations have been obtained from or applied for with the United States Patent and Trademark Office, as well as all common law trademarks and service marks, trade names, logos,
insignias, designs, and other commercial symbols which Franchisor now or hereafter is authorized to use and uses or authorizes others to use to identify the Franchised Business. Franchisor will provide Master Franchisee with a schedule of Marks Master Franchisee is required or authorized to use under this Agreement and update this schedule as necessary.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, the "Marks" are the proprietary marks associated with the Bhc system. These marks have registrations obtained from or applied for with the United States Patent and Trademark Office. The term also covers all common law trademarks and service marks, trade names, logos, insignias, designs, and other commercial symbols. Bhc is authorized to use these to identify the franchised business. Bhc will provide franchisees with a schedule of the Marks they are required or authorized to use, updating this schedule as necessary.
Bhc's use of the marks extends to the appearance of buildings, signs and portions thereof by which the franchise and products are known and identified. The franchisee's use of the Marks must align with the terms of the franchise agreement, and any use outside of these terms without Bhc's written consent infringes on Bhc's rights. All rights to use the Marks within the franchised system are Bhc's exclusive property.
The franchise agreement grants franchisees the right to operate their franchised business at their specific restaurant location, and nowhere else unless specifically allowed by Bhc to offer Bhc products elsewhere. All other rights are retained by Bhc. Franchisees cannot claim any goodwill, reputation, or ownership because of their use of the Marks. Upon termination of the franchise agreement, the franchisee must cease all use of the Marks.