What constitutes unauthorized use of Bojangles' proprietary marks that could lead to termination?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Agreement and is limited to such uses as are authorized under this Agreement, and any unauthorized use thereof, including, but not limited to, sublicensing a use of the Proprietary Marks, shall constitute an infringement of Franchisor's rights and a default under this Agreement;
- (6) During the term of this Agreement and continuing after its expiration or earlier termination, Franchisee shall not use the Proprietary Marks to incur any obligation or indebtedness on behalf of Franchisor;
- (7) During the term of this Agreement and continuing after its expiration or earlier termination, Franchisee shall not use the Proprietary Marks as part of its corporate or other legal name;
- (8) Franchisee shall comply with Franchisor's instructions in filing and maintaining the requisite trade name or fictitious name registrations, and shall execute any documents deemed necessary by Franchisor or its counsel to obtain protection for the Proprietary Marks or to maintain their continued validity and enforceability; and
- (9) In the event that litigation involving the Proprietary Marks is instituted or threatened against Franchisee, Franchisee shall promptly notify Franchisor. Franchisor shall conduct the defense, and bear the expense of such litigation, but shall be entitled to settle or otherwise dispose of the litigation on terms which, in its sole discretion, it may decide upon. Franchisee shall cooperate fully with Franchisor in defending or settling such litigation.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a franchisee's right to use Bojangles' proprietary marks is limited to the term of the Franchise Agreement. Any unauthorized use of these marks can be considered an infringement of Bojangles' rights and a default under the agreement, potentially leading to termination. This includes sublicensing the use of the Proprietary Marks.
Specifically, franchisees must use only the proprietary marks designated by Bojangles and only in the manner authorized. They can only use the marks for the operation of the franchised business and at the authorized location, or in advertising for the franchised business. Unless otherwise authorized by Bojangles in writing, franchisees must operate and advertise the franchised business only under the names "BOJANGLES® Restaurant," "BOJANGLES'® Restaurant," or "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS®" Restaurant, as specified by Bojangles, without any additional prefixes or suffixes.
During the term of the agreement, franchisees must identify themselves as the owner of the franchised business in conjunction with any use of the proprietary marks, including on invoices, order forms, receipts, and contracts. They must also display a notice to that effect in a conspicuous location on the premises of the franchised business, as designated by Bojangles in writing. Franchisees cannot use the proprietary marks to incur any obligation or indebtedness on behalf of Bojangles, nor can they use the marks as part of their corporate or other legal name during or after the term of the agreement. Franchisees must also comply with Bojangles' instructions in filing and maintaining trade name or fictitious name registrations and must execute any documents necessary to protect the proprietary marks.
If litigation involving the proprietary marks is instituted or threatened against a franchisee, the franchisee must promptly notify Bojangles. Bojangles will conduct the defense and bear the expense of such litigation but has the right to settle the litigation on terms it deems appropriate. The franchisee is required to cooperate fully with Bojangles in defending or settling such litigation. These stipulations are fairly standard in franchising, as the protection of brand trademarks is crucial for maintaining consistency and preventing consumer confusion across all franchise locations.