Must a Black Bear Diner franchisee obtain fictitious or assumed name registrations?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use the Marks as the sole trade identification of your Franchised Restaurant. You may not use any Mark or part of any Mark as part of any corporate or trade name, in any modified form, nor may you use any Mark in connection with the sale of any unauthorized product or service, or in any other manner which we do not authorize in writing. You must give notices of trademark and service mark registrations as we specify and obtain such fictitious or assumed name registrations as may be required under applicable law.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to Black Bear Diner's 2025 Franchise Disclosure Document, franchisees must obtain fictitious or assumed name registrations as required by applicable law. This means that if a franchisee operates their Black Bear Diner under a name different from their legal personal or business name, they must register that assumed name with the relevant government authorities. This requirement ensures transparency and allows the public to identify the true owner of the business.
The FDD also states that franchisees must use Black Bear Diner's trademarks as the sole trade identification for their restaurant. They are prohibited from using any trademark or part of a trademark as part of their corporate or trade name, in any modified form, or in connection with the sale of unauthorized products or services, unless authorized in writing by Black Bear Diner. Franchisees must also provide notices of trademark and service mark registrations as specified by Black Bear Diner.
These stipulations are typical in franchising, as franchisors like Black Bear Diner need to protect their brand identity and ensure consistent use of their trademarks. By requiring fictitious name registrations and controlling trademark usage, Black Bear Diner maintains brand uniformity and prevents potential consumer confusion. Franchisees should be aware of these requirements and comply with all applicable laws and the franchisor's guidelines to avoid any legal or contractual issues.