Can a Big Apple Bagels franchisee use local adaptations of the Marks?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
You specifically agree to use the Marks as the sole identification of the Store, but you must identify yourself as the independent owner in the manner prescribed by BAB. You may not use any mark as part of any corporate or trade name or with any prefix, 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 you 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 BAB. You agree not to register the Marks on the Internet or any other electronic service, including Social Media and mobile marketing applications, or use or register the Marks on the Internet in any other manner. You are strictly prohibited from creating or maintaining a website for your Store, or a website that uses BAB's Marks. BAB has the sole right to create, establish, own, and control the website for your Store. You agree to display the Marks prominently and in the manner prescribed by BAB on signs, forms, and other materials and articles. Further, you agree to give such notices of trademark or service mark ownership or registration and copyrights as BAB specifies and to obtain such fictitious or assumed name registrations as may be required under applicable law. Any and all uses of the Marks will be subject to BAB's prior written approval, and a request for such approval will include such information and samples as BAB may require. You may not use the name "Big Apple Bagels," "BAB," or a derivative of those names in your corporate or other formal name.
Source: Item 13 — TRADEMARKS (FDD pages 57–64)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels FDD, franchisees are explicitly prohibited from using any local or special adaptations of the brand's marks. Franchisees must use the marks as the sole identification of their store, while identifying themselves as the independent owner in a manner prescribed by Big Apple Bagels.
This restriction extends to any modifications of the marks, including prefixes, suffixes, nicknames, terms, designs, or symbols. Franchisees cannot use the marks in connection with unauthorized products or services, or in any way not expressly authorized in writing by Big Apple Bagels. This also means franchisees cannot register the marks on the internet or any electronic service, including social media and mobile marketing applications, nor can they create or maintain a website for their store using Big Apple Bagels' marks, as the franchisor retains sole control over the store's website.
Big Apple Bagels requires franchisees to display the marks prominently on signs, forms, and other materials as prescribed by the company. Franchisees must also provide notices of trademark or service mark ownership and obtain any necessary fictitious or assumed name registrations. All uses of the marks are subject to Big Apple Bagels' prior written approval, ensuring strict brand control and consistency across all franchise locations.