Besides the Franchise Agreement itself, are there any other agreements that significantly limit Bojangles' right to use or license its Proprietary Marks?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
/26/2016 | | | 3943974 | 04/12/2011 |
Except for the Franchise Agreement itself, there are no agreements currently in effect that significantly limit our right to use or license others to use our Proprietary Marks that are material to any franchise.
In the event that litigation involving the principal trademarks is instituted or threatened against you, and you promptly notify us, we will conduct the defense and bear the expense of such litigation, and will be entitled to settle or otherwise dispose of the litigation on terms which, in our sole discretion, we may decide. You must cooperate fully with us in defending or settling such litigation.
The right to use the principal trademarks granted in the Franchise Agreement is non-exclusive. We, therefore, have and retain the rights, among others:
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- To use the principal trademarks in connection with selling products and services;
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- To grant other licenses for the principal trademarks, in addition to those licenses already granted to existing franchisees; and
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- To develop and establish other systems using the same or similar principal trademarks, or any other principal trademarks, and to grant licenses or franchises thereto without providing any rights therein to you.
There is no currently effective determination of the United States Patent and Trademark Office, Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, nor any pending interference, opposition, or cancellation proceeding, nor any pending material litigation involving the trademarks, service marks, trade names, logotypes, or other commercial symbols which are relevant to their use in the state in which any Restaurant is to be located or elsewhere.
There are no superior prior rights or infringing uses actually known to us that could materially affect your use of the principal trademarks in the state in which any Restaurant is to be located. We will take all steps reasonably necessary to preserve and protect our ownership in and validity of the principal trademarks.
You must promptly notify us of any suspected unauthorized use of the principal trademarks and of any litigation involving the principal trademarks that is threatened or instituted against you.
Source: Item 13 — TRADEMARKS (FDD pages 50–52)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, outside of the Franchise Agreement itself, there are currently no other agreements in effect that would significantly limit Bojangles's right to use or license its proprietary marks in a way that would be material to any franchise. This means that Bojangles retains broad control over its trademarks and can license them to franchisees without significant external constraints. This is a positive aspect for potential franchisees, as it suggests that Bojangles has a strong and unencumbered ability to protect and promote its brand.
Bojangles owns all rights to its Proprietary Marks. The Franchise Agreement grants franchisees the right to use these marks, but only in an authorized manner for their restaurant's operation and advertising at the approved location. Franchisees cannot use the Proprietary Marks as part of their corporate or legal name. Bojangles also reserves the right to modify or discontinue any principal trademarks or substitute different ones. This is a fairly standard practice in franchising, allowing the franchisor to adapt its branding as needed. However, Bojangles is not liable to the franchisee as a result of any modification, discontinuance or substitution.
The trademarks and service marks that Bojangles licenses to franchisees are registered with the United States Patent and Trademark Office (USPTO). The FDD lists several registered trademarks, including "BOJANGLES," registration number 3947877, registered on 4/19/2011; "BOJANGLES EXPRESS," registration number 4850876, registered on 11/10/2015; and "IT'S BO TIME," registration number 4529358, registered on 05/13/2014. All required affidavits of continued use have been filed and accepted.
If litigation arises involving the principal trademarks, and the franchisee promptly notifies Bojangles, Bojangles will handle the defense and expenses of the litigation and can settle the litigation as it deems appropriate. The franchisee must cooperate fully in defending or settling any such litigation. Bojangles is not obligated to protect the franchisee against claims of infringement or unfair competition. Bojangles has the sole right to direct and control any administrative proceeding or litigation involving the principal trademarks, including any settlement.