Following the termination of a Bojangles franchise agreement, what specific actions must a franchisee take to de-identify the restaurant from the Bojangles system, including structural features and proprietary marks?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisor identifies the Bojangles System by means of certain trade names, service marks, trademarks, logos, emblems, and indicia of origin, including but not limited to the marks "BOJANGLES®", "BOJANGLES'®" and "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS®", and such other trade names, service marks, and trademarks as are now designated (and may hereafter be designated by Franchisor in writing) for use in connection with the Bojangles System (hereinafter referred to as "Proprietary Marks") and certain unique trade dress, including but not limited to specific color schemes, patterns, designs, decor, furnishings and layout, now or hereafter used by Franchisor in connection with the Bojangles System (hereinafter referred to as "Trade Dress");
WHEREAS, Franchisor continues to develop, use, and control the use of such Proprietary Marks and Trade Dress in order to identify for the public the source of services and products marketed thereunder and under the Bojangles System, and to represent the Bojangles System's high standards of quality, cleanliness, appearance, and service;
WHEREAS, Franchisee desires to enter into the business of operating a Bojangles restaurant under the Bojangles System and wishes to obtain a franchise from Franchisor for that purpose, as well as to receive the training and other assistance provided by Franchisor in connection therewith; and
WHEREAS, Franchisee understands and acknowledges the importance of Franchisor's high standards of quality, cleanliness, appearance, and service and the necessity of operating the business franchised hereunder in conformity with Franchisor's standards and specifications.
NOW, THEREFORE, the parties, in consideration of the undertakings and commitments of each party to the other party set forth herein, hereby agree as follows:
Bojangles Franchise Agreement 1 04/25
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
Based on the 2025 Bojangles Franchise Disclosure Document, the franchise agreement outlines the use of proprietary marks and trade dress, but it does not explicitly detail the specific steps a franchisee must take to de-identify a restaurant after termination.
However, the FDD does state that the franchisee's right to use the Proprietary Marks and Trade Dress is limited to the term of the agreement and automatically ceases upon expiration or termination. It also states that the franchisee must use only the Proprietary Marks and Trade Dress designated by Bojangles and only in the manner authorized and permitted by Bojangles. This implies that upon termination, all use of Bojangles's branding must stop.
To fully understand the specific actions required for de-identification, a prospective franchisee should ask Bojangles for a comprehensive list of post-termination obligations. This list should include the removal of signage, paint colors, interior decor, and any other elements that identify the location as a former Bojangles restaurant. Understanding these obligations is crucial for avoiding potential legal issues and ensuring a smooth transition after the franchise agreement ends.