How must a Black Bear Diner franchisee use the Marks in relation to their Franchised Restaurant?
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.
You may not establish a website on the Internet using any domain name containing the words "Black Bear Diner" or any variation thereof without our written consent. We retain the sole right to advertise on the Internet and create websites using the "Black Bear Diner" domain name. You must not use any Mark or part of any Mark as part of any corporate or entity name, in any modified form with the sale of any unauthorized product or service, or in any other manner not authorized in writing by us. You must give notices of trademark and service mark registration as we specify and obtain fictitious or assumed name registrations as may be required.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to Black Bear Diner's 2025 Franchise Disclosure Document, a franchisee must use the Marks as the sole trade identification of their Franchised Restaurant. This means that the Black Bear Diner franchisee must exclusively use the trademarks and service marks authorized by Black Bear Diner to identify their restaurant.
The franchisee is prohibited from using any Mark or part of any Mark as part of any corporate or trade name, or in any modified form. They also cannot use any Mark in connection with the sale of any unauthorized product or service, or in any other manner not explicitly authorized in writing by Black Bear Diner. Franchisees must also give notices of trademark and service mark registrations as specified by Black Bear Diner and obtain any required fictitious or assumed name registrations as required by law.
Furthermore, a Black Bear Diner franchisee cannot establish a website on the Internet using any domain name containing the words "Black Bear Diner" or any variation thereof without written consent from Black Bear Diner. Black Bear Diner retains the sole right to advertise on the Internet and create websites using the "Black Bear Diner" domain name. These restrictions ensure brand consistency and protect the integrity of the Black Bear Diner brand. If a franchisee fails to adhere to these guidelines, they could face legal repercussions and damage the overall brand image of Black Bear Diner.