Does Big Apple Bagels have an exclusive right to use the Marks for franchising?

According to Big Apple Bagels' 2025 Franchise Disclosure Document, BAB's licenses to use the marks are not exclusive. BAB, Inc. has licensed others, including BAB Operations, Inc., to use or license the marks, and may do so in the future. BAB has the non-exclusive right to use the Marks only in connection with the offer and sale of franchises to third parties to own and operate franchised stores under the Marks under Franchise Agreements.

This means that while Big Apple Bagels franchisees are authorized to use the trademarks associated with the brand, Big Apple Bagels itself does not have an exclusive right to use these marks for franchising purposes. Other entities, including BAB Operations, Inc., are also licensed to use the marks, and BAB, Inc. retains the right to license additional parties in the future. This non-exclusive arrangement could potentially lead to increased competition or brand confusion in the marketplace.

Prospective franchisees should be aware that Big Apple Bagels' ability to control the use of its trademarks in the franchise system is limited by these existing and potential future licensing agreements. This could impact the consistency and uniformity of the brand's image and offerings across different locations. Franchisees should inquire about the potential impact of these non-exclusive licensing arrangements on their individual businesses and the overall brand strategy.