After the Bojangles franchise agreement expires or terminates, is the franchisee allowed to use the Proprietary Marks as part of its corporate or other legal name?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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;
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a franchisee is prohibited from using Bojangles's Proprietary Marks as part of their corporate or other legal name, both during the term of the Franchise Agreement and after its expiration or termination. This restriction is clearly outlined in the agreement to protect Bojangles's brand identity and prevent any potential confusion or misuse of its trademarks.
This provision ensures that upon the end of the franchise relationship, the franchisee cannot leverage the established brand recognition of Bojangles for any continued business activities. This is a standard practice in franchising, as the Proprietary Marks are exclusive to the franchisor and are a key component of the franchise system. Allowing former franchisees to use these marks would undermine the integrity of the brand and potentially mislead customers.
The franchisee's agreement not to use the Proprietary Marks extends beyond simply naming their business. It encompasses any legal or corporate naming that could imply an association with Bojangles. This is a significant restriction that a prospective franchisee should carefully consider, as it limits their options for future business ventures after the franchise agreement concludes. Bojangles retains full control over its brand and how it is represented in the marketplace, even after a franchise relationship ends.