Can a Big Apple Bagels franchisee use the marks with any prefix or suffix?
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 Big Apple Bagels's 2025 Franchise Disclosure Document, franchisees are explicitly restricted from using the brand's trademarks with any modifications. Specifically, a franchisee cannot use any mark as part of their corporate or trade name, or with any prefix, suffix, or other modifying words, nicknames, terms, designs, or symbols. Additionally, franchisees are prohibited from using the marks in any modified form, including local adaptations or artistic variations, without express written authorization from Big Apple Bagels.
This restriction ensures brand consistency across all Big Apple Bagels locations and prevents franchisees from creating potentially confusing or dilutive variations of the trademarks. It also allows Big Apple Bagels to maintain control over its brand image and protect its intellectual property rights. Franchisees must adhere to the prescribed use of the marks as the sole identification of the store, while identifying themselves as the independent owner in the manner specified by Big Apple Bagels.
Furthermore, the FDD states that franchisees cannot 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. Franchisees are also strictly prohibited from creating or maintaining a website for their store, as Big Apple Bagels retains the sole right to create, establish, own, and control the website for each store. This level of control extends to the prominent display of the marks on signs, forms, and other materials, as prescribed by Big Apple Bagels.
In summary, a Big Apple Bagels franchisee's use of the brand's trademarks is highly regulated and requires strict adherence to the franchisor's guidelines. Any deviation from these guidelines, including the use of prefixes, suffixes, or modified forms of the marks, is prohibited without explicit written authorization. This policy underscores the importance of brand uniformity and the franchisor's control over its intellectual property.