Is a Big Apple Bagels developer allowed to register the Marks on the Internet?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Developer shall not use any Mark as part of any corporate or trade name or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modifying words, terms, designs, or symbols, or in any modified form, nor may Developer use any Mark in connection with any business or activity, other than the business conducted by Developer pursuant to Franchise Agreements entered into between Developer and Franchisor, or in any other manner not explicitly authorized in writing by Franchisor. Developer shall not register the Marks on the Internet or any other computer on-line service, and shall not use the Marks on the Internet in any manner.
- C. Developer shall immediately notify Franchisor in writing of any apparent infringement of or challenge to Developer's use of any Mark, or claim by any person of any rights in any Mark or similar trade name, trademark, or service mark of which Developer becomes aware. Developer shall not communicate with any person other than Franchisor and its counsel in connection with any such infringement challenge or claim. Franchisor shall have sole discretion to take such action as it deems appropriate and the right to exclusively control any litigation, U.S. Patent and Trademark Office proceeding or other administrative proceeding arising out of any such infringement, challenge, or claim or otherwise relating to any Mark.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, a developer is explicitly prohibited from registering the brand's trademarks (the "Marks") on the internet or any other online computer service. Furthermore, the developer cannot use the Marks on the internet in any manner without explicit written authorization from Big Apple Bagels. This restriction is in place to protect the brand's identity and ensure consistent representation across all online platforms.
This restriction means that a Big Apple Bagels developer cannot independently create domain names, social media accounts, or any other online presence that utilizes the Big Apple Bagels trademarks without direct approval. All online marketing and branding efforts must be aligned with the franchisor's guidelines and under their control. This protects the uniformity and goodwill associated with the Big Apple Bagels brand.
If a developer becomes aware of any potential infringement or challenges to the use of the Marks, they are obligated to immediately notify Big Apple Bagels in writing. The developer is not allowed to communicate with any other party besides Big Apple Bagels and its counsel regarding such matters. Big Apple Bagels retains the sole discretion to take any action it deems necessary to address the infringement or challenge, including controlling any litigation or proceedings related to the Marks. This ensures that Big Apple Bagels maintains complete control over the protection and enforcement of its intellectual property rights.