Does Big Apple Bagels have the right to require franchisees to use new marks?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
BAB has the right to require you to use new marks and to discontinue or modify your use of any name or commercial symbol. If it becomes advisable at any time, in BAB's sole discretion, for BAB and/or you to modify or discontinue use of any Mark and/or use 1 or more additional or substitute trademarks or service marks, you agree to do so within a reasonable time after notice by BAB. In the event BAB requires you to discontinue the use of any name or commercial symbol and
to use a substitute mark or commercial symbol, BAB's sole obligation will be to reimburse you your out-of-pocket expenses of complying with this obligation.
Source: Item 13 — TRADEMARKS (FDD pages 57–64)
What This Means (2025 FDD)
According to Big Apple Bagels's 2025 Franchise Disclosure Document, Big Apple Bagels 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 any mark, franchisees must comply within a reasonable time after receiving notice from Big Apple Bagels.
If Big Apple Bagels requires a franchisee to discontinue the use of any name or commercial symbol and to use a substitute mark or commercial symbol, Big Apple Bagels's sole obligation is to reimburse the franchisee for their out-of-pocket expenses of complying with this obligation. This means that while franchisees must adhere to Big Apple Bagels's decisions regarding trademarks, Big Apple Bagels will cover the direct costs associated with implementing those changes.
This policy ensures that Big Apple Bagels maintains control over its brand and can adapt its trademarks as needed. However, it also protects franchisees from bearing the full financial burden of these changes by reimbursing their direct expenses. Franchisees should be aware of this provision and factor it into their business planning, understanding that brand updates are possible and that they will be expected to implement them with financial support from Big Apple Bagels.