Does the Bojangles Development Agreement grant any rights to use or license the Proprietary Marks for the Bojangles System?

According to Bojangles's 2025 Franchise Disclosure Document, the Development Agreement does not grant any rights to use or license the Proprietary Marks for the Bojangles system. However, the Franchise Agreement does grant the franchisee the right to use Bojangles's Proprietary Marks, but only in a manner authorized and permitted by Bojangles, specifically for the operation of the restaurant at the location authorized in the Franchise Agreement or in advertising for the restaurant. The franchisee cannot use the Proprietary Marks as part of their corporate or other legal name.

Bojangles retains the right to modify or discontinue principal trademarks or substitute different principal trademarks for use in identifying the Bojangles system and the businesses operating under it at its sole discretion. Bojangles will have no obligation or liability to the franchisee as a result of any modification, discontinuance, or substitution. Except for the Franchise Agreement itself, there are no agreements currently in effect that significantly limit Bojangles's right to use or license others to use its Proprietary Marks that are material to any franchise.

The Franchise Agreement grants the franchisee a non-exclusive right to use the principal trademarks. Bojangles retains the rights to use the principal trademarks in connection with selling products and services, to grant other licenses for the principal trademarks, and 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 the franchisee. Bojangles will conduct the defense and bear the expense of litigation involving the principal trademarks instituted or threatened against the franchisee, provided the franchisee promptly notifies Bojangles and cooperates fully in defending or settling such litigation.

These trademark details are important for prospective franchisees to understand. While the Franchise Agreement allows usage of Bojangles's trademarks for the restaurant's operation, Bojangles maintains control over these marks and can modify or discontinue them. The non-exclusive nature of the trademark license means Bojangles can license the trademarks to others, including competitors, and can develop other systems using similar trademarks. Franchisees need to be aware of these conditions and potential changes to the trademarks, as well as the stipulations regarding legal defense in case of trademark litigation.