What constitutes unauthorized use of Bojangles' trademarks that could lead to termination?

According to Bojangles's 2025 Franchise Disclosure Document, a franchisee's right to use the Proprietary Marks is specifically limited to the term of the Franchise Agreement. Upon expiration or earlier termination of the agreement, all rights to use the trademarks automatically cease. Any unauthorized use of these marks, including sublicensing them, is considered an infringement of Bojangles's rights and a default under the agreement. This means a franchisee cannot continue to use the Bojangles's trademarks or trade dress after the agreement ends, nor can they allow another party to use them without explicit permission from Bojangles.

Bojangles is very specific about how franchisees must use its trademarks during the term of the agreement. Franchisees are required to use only the Proprietary Marks designated by Bojangles and only in the manner authorized and permitted. The trademarks can only be used for the operation of the franchised business at the authorized location or in advertising for that specific business. Unless Bojangles authorizes it 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.

Franchisees must also identify themselves as the owners of the franchised business in conjunction with any use of the Proprietary Marks. This includes uses on invoices, order forms, receipts, and contracts. They must also display a notice to that effect in the content, form, and conspicuous locations on the premises of the franchised business as Bojangles may designate in writing. Failure to comply with these requirements constitutes a breach of the franchise agreement and could lead to termination, as well as potential legal action for infringement.