Does the Bojangles Franchise Agreement grant an exclusive right to use the principal trademarks?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
efending or settling such litigation.
The right to use the principal trademarks granted in the Franchise Agreement is non-exclusive. We, therefore, have and retain the rights, among others:
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- To use the principal trademarks in connection with selling products and services;
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- To grant other licenses for the principal trademarks, in addition to those licenses already granted to existing franchisees; and
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- 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 you.
There is no currently effective determination of the United States Patent and Trademark Office, Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, nor any pending interference, opposition, or cancellation proceeding, nor any pending material litigation involving the trademarks, service marks, trade names, logotypes, or other commercial symbols which are relevant to their use in the state in which any Restaurant is to be located or elsewhere.
There are no superior prior rights or infringing uses actually known to us that could materially affect your use of the principal trademarks in the state in which any Restaurant is to be located. We will take all steps reasonably necessary to preserve and protect our ownership in and validity of the principal trademarks.
You must promptly notify us of any suspected unauthorized use of the principal trademarks and of any litigation involving the principal trademarks that is threatened or instituted against you.
Source: Item 13 — TRADEMARKS (FDD pages 50–52)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the right to use the principal trademarks granted in the Franchise Agreement is non-exclusive. Bojangles retains several rights, including the right 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, and to grant licenses or franchises thereto without providing any rights to the franchisee. This means that Bojangles can license the trademarks to others, even competitors, and can develop other systems using similar trademarks without providing the franchisee any rights to those new systems.
This non-exclusive grant has significant implications for a prospective Bojangles franchisee. It means that Bojangles is not restricted from licensing its trademarks to other franchisees or even opening its own corporate locations that might compete with the franchisee's business. The franchisee's territory is not protected by trademark exclusivity.
In the event of litigation involving the principal trademarks, Bojangles will conduct the defense and bear the expense of such litigation, and will be entitled to settle or otherwise dispose of the litigation on terms which, in their sole discretion, they may decide. The franchisee must cooperate fully with Bojangles in defending or settling such litigation. However, Bojangles is not obligated by the Franchise Agreement to protect any rights granted to the franchisee to use the principal trademarks or to protect the franchisee against claims of infringement or unfair competition.
Bojangles also reserves 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 and will have no obligation or liability to the franchisee as a result of any modification, discontinuance or substitution. This could require the franchisee to update signage, menus, and marketing materials at their own expense to reflect the new trademarks.