What trademarks and service marks does Big Apple Bagels own, use, promote, and license?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. BAB has developed stores that are operated utilizing BAB's distinctive business formats, signs, equipment, layouts, systems, methods, specifications, standards, operating procedures and designs and advertising. Among these are stores that operate under the name "Big Apple Bagels" known as "BAGELS Stores." BAB owns, uses, promotes and licenses certain trademarks and service marks and other commercial symbols, including "Big Apple Bagels" and certain associated logos (the "Marks"). BAB has experience in and the ability to provide assistance and guidance in connection with the operation thereof. BAB grants to qualified persons franchises to own and operate BAGELS Stores ("BAGELS Franchises") selling products and services authorized and approved by BAB and utilizing BAB's business formats, systems, methods, specifications, standards, operating procedures, guidance advertising services, and the Marks;
These Stores will be operated under the trademark and service mark "Big Apple Bagels" plus logos, designs, and such other trademarks, service marks and commercial symbols ("Marks") as will be authorized from time to time by Franchisor.
- A. Developer acknowledges that Developer has no interest whatsoever in or to the Marks and that Developer's right to use the Marks is derived solely from Franchise Agreements entered into between Developer and Franchisor for the purpose of operating BAGELS Stores as contemplated thereunder. Developer agrees that all usage of the Marks by Developer and any goodwill established thereby shall inure to the exclusive benefit of Franchisor and its licensor. Developer further agrees that after the termination or expiration of this Agreement, he will not, except with respect to BAGELS Stores operated by Developer pursuant to Franchise Agreements granted by Franchisor, directly or indirectly, at any time or in any manner identify himself or any business as a franchisee or former franchisee of, or otherwise associated with, Franchisor or use in any manner or for any purpose any Mark or other indicia of a BAGELS Stores or any colorable imitation thereof.
- B. Developer shall not use any Mark as part of any corporate or trade name or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modifying words, terms, designs, or symbols, or in any modified form, nor may Developer use any Mark in connection with any business or activity, other than the business conducted by Developer pursuant to Franchise Agreements entered into between Developer and Franchisor, or in any other manner not explicitly authorized in writing by Franchisor. Developer shall not register the Marks on the Internet or any other computer on-line service, and shall not use the Marks on the Internet in any manner.
- C. Developer shall immediately notify Franchisor in writing of any apparent infringement of or challenge to Developer's use of any Mark, or claim by any person of any rights in any Mark or similar trade name, trademark, or service mark of which Developer becomes aware. Developer shall not communicate with any person other than Franchisor and its counsel in connection with any such infringement challenge or claim. Franchisor shall have sole discretion to take such action as it deems appropriate and the right to exclusively control any litigation, U.S. Patent and Trademark Office proceeding or other administrative proceeding arising out of any such infringement, challenge, or claim or otherwise relating to any Mark.
BAB Systems, Inc. (the "Company") franchises and licenses Big Apple Bagels® ("BAB"), My Favorite Muffin® ("MFM") and SweetDuet Frozen Yogurt & Gourmet Muffins® ("SD") concepts located in the United States.
The MFM brand consists of units operating as "My Favorite Muffin Gourmet Muffin Bakery™" ("MFM Bakery"), featuring a large variety of freshly baked muffins and coffees and units operating as "My Favorite Muffin Your All-Day Bakery Café®" ("MFM Cafe") featuring these products as well as a variety of specialty bagel sandwiches and related products. Although the Company doesn't actively market Brewster's stand-alone franchises, Brewster's coffee products are sold in most franchised units.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Big Apple Bagels owns, uses, promotes, and licenses certain trademarks and service marks, including "Big Apple Bagels" and associated logos. These marks are referred to as "Marks" within the document. Big Apple Bagels grants franchises to qualified individuals, allowing them to operate stores under the Big Apple Bagels name, utilizing the company's business formats, systems, methods, specifications, standards, operating procedures, guidance, advertising services, and the aforementioned Marks.
Prospective franchisees should understand that their right to use these Marks is solely derived from the franchise agreements they enter into with Big Apple Bagels. All usage of the Marks and any goodwill established through that usage will exclusively benefit Big Apple Bagels and its licensor. Upon termination or expiration of the franchise agreement, franchisees are prohibited from identifying themselves or their businesses as being associated with Big Apple Bagels or using any of the Marks, except for stores they continue to operate under a valid franchise agreement with Big Apple Bagels.
Furthermore, franchisees are restricted from using any Mark as part of a corporate or trade name or with any modifying words, terms, designs, or symbols without explicit written authorization from Big Apple Bagels. They are also prohibited from registering the Marks on the Internet or using them online in any unauthorized manner. Franchisees are obligated to immediately notify Big Apple Bagels of any apparent infringement or challenge to their use of any Mark. Big Apple Bagels retains the sole discretion to take appropriate action and control any litigation or proceedings related to such infringements or challenges.
In addition to Big Apple Bagels, BAB Systems, Inc. also operates franchise systems for My Favorite Muffin and SweetDuet Frozen Yogurt & Gourmet Muffins. The My Favorite Muffin brand includes units operating as "My Favorite Muffin Gourmet Muffin Bakery™" and "My Favorite Muffin Your All-Day Bakery Café®", both featuring muffins and coffee, with the latter also offering bagel sandwiches. While not actively marketed as standalone franchises, Brewster's coffee products are sold in most franchised units.