Is a Big Apple Bagels franchisee allowed to register the Marks for their own account?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
suffix or other modifying words, nicknames, terms, designs or symbols, or in any modified form (including, without limitation, any local or special adaptations or artistic variations of any of the Marks), nor may Franchisee use any Mark in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Franchisor. Franchisee shall not for his own account register the Marks or use the Marks on any form of technology, including, but not limited to, websites, Social Media, or Mobile Applications. Franchisee agrees to display the Marks prominently and in the manner prescribed by Franchisor on signs, forms, and other materials and articles. Further, Franchisee agrees to give such notices of trademark or service mark ownership or registration and copyrights as Franchisor specifies and to obtain such fictitious or assumed name registrations as may be required under applicable law. Any and all uses of any of the Marks shall include such information and samples as Franchisor may require. Franchisee may not use "Big Apple Bagels," "BAB," "My Favorite Muffin," "MFM," "Brewster's," or a derivative thereof in its corporate, assumed, or other formal name.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels Franchise Disclosure Document, franchisees are explicitly prohibited from registering the Big Apple Bagels trademarks (or "Marks") for their own account. This restriction extends to using the Marks on any form of technology, including websites, social media, or mobile applications. This means a franchisee cannot legally claim ownership of the Big Apple Bagels brand or associated logos and designs.
This restriction is standard practice in franchising. Franchisors like Big Apple Bagels maintain strict control over their trademarks to ensure brand consistency and protect brand reputation. Allowing individual franchisees to register the Marks could lead to inconsistencies in branding and potential legal complications for the entire franchise system.
Big Apple Bagels requires franchisees to display the Marks prominently on signs, forms, and other materials as prescribed by the franchisor. Franchisees must also include trademark or service mark ownership notices and obtain any required fictitious or assumed name registrations. All uses of the Marks are subject to the franchisor's requirements, including providing information and samples as requested. Franchisees are also prohibited from using "Big Apple Bagels," "BAB," "My Favorite Muffin," "MFM," "Brewster's," or any derivative thereof in their corporate, assumed, or other formal name.
In summary, a prospective Big Apple Bagels franchisee should understand that they are granted a license to use the Big Apple Bagels Marks, but they do not own them and cannot register them for their own use. This ensures uniformity and protects the brand's integrity across all franchise locations.