Where does the Big Apple Bagels franchisee's right to use the Marks come from?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Under the Franchise Agreement, you acknowledge that your right to use the Marks is derived solely from the Franchise Agreement and is limited to the operation of the Store under and in compliance with the Franchise Agreement and all applicable standards and operating procedures prescribed by BAB from time to time. Any unauthorized use of the Marks by you constitutes an infringement of BAB's rights in and to the Marks. You agree that your use of the Marks and any good will established thereby inure to the exclusive benefit of BAB, and you acknowledge that the Franchise Agreement does not confer any good will or other interests in the Marks upon you. You may not any time during the Franchise Agreement or after its termination or expiration, contest the validity of ownership of a
Source: Item 13 — TRADEMARKS (FDD pages 57–64)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, a franchisee's right to use the brand's trademarks is derived solely from the Franchise Agreement itself. This right is specifically limited to the operation of the store in compliance with the Franchise Agreement and all standards and operating procedures that Big Apple Bagels prescribes. Any unauthorized use of the marks is considered an infringement of Big Apple Bagels' rights.
This means that as a franchisee, you are granted the right to use the Big Apple Bagels trademarks, but only as long as you adhere to the terms and conditions outlined in the Franchise Agreement. This includes following the brand's operating procedures, maintaining quality standards, and using the marks in an approved manner. The franchisee cannot use the trademarks in any way that is not explicitly authorized by Big Apple Bagels.
Furthermore, the Franchise Agreement stipulates that any goodwill established through the franchisee's use of the Big Apple Bagels marks inures to the exclusive benefit of Big Apple Bagels. The franchisee acknowledges that the Franchise Agreement does not grant them any ownership or other interests in the marks. This is a common arrangement in franchising, as it ensures that the franchisor retains control over its brand and protects its intellectual property. Even after the agreement terminates, the franchisee cannot contest the validity of the marks.
Big Apple Bagels also has the right to require franchisees to use new marks and to discontinue or modify the use of any name or commercial symbol. If Big Apple Bagels deems it advisable to modify or discontinue the use of any mark, the franchisee agrees to do so within a reasonable time after receiving notice. In such cases, Big Apple Bagels' sole obligation is to reimburse the franchisee for their out-of-pocket expenses in complying with this obligation.