What does the Bojangles Franchise Agreement grant me the right to use the Proprietary Marks for?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
We are the owner of all right, title and interest in and to the Proprietary Marks. The Franchise Agreement grants you the right to use the Proprietary Marks designated by us only in a manner authorized and permitted by us and only for the operation of your Restaurant at the location authorized in the Franchise Agreement or in advertising for the Restaurant. Under the terms of the Franchise Agreement, you must not use the Proprietary Marks as part of your corporate or other legal name.
Source: Item 13 — TRADEMARKS (FDD pages 50–52)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the Franchise Agreement grants franchisees the right to use Bojangles's Proprietary Marks. However, this right is specifically designated by Bojangles and is only permitted for the operation of the restaurant at the location authorized in the Franchise Agreement, or in advertising for that specific restaurant. The agreement strictly prohibits franchisees from using the Proprietary Marks as part of their corporate or any other legal name.
This means that while you can use Bojangles's trademarks and service marks to run your franchised restaurant and promote it, your usage is limited to the approved location and for advertising purposes directly related to that location. You cannot incorporate any of Bojangles's trademarks into the name of your business entity or use them in any way that is not explicitly authorized by Bojangles. This restriction is typical in franchising, as franchisors need to protect their brand identity and ensure consistent representation across all franchise locations.
The Franchise Agreement also provides a license to use principal trademarks and service marks registered with the USPTO. These include trademarks such as the Bojangles logo. Bojangles retains the right to modify or discontinue these trademarks, or substitute different ones, without incurring any obligation or liability to the franchisee. This underscores the importance of adhering to Bojangles's brand guidelines and staying updated on any changes to their trademarks or branding elements.
It is important to note that the right to use these trademarks is non-exclusive, meaning Bojangles retains the right to use the trademarks themselves, grant licenses to others, and develop other systems using the same or similar trademarks without providing any rights to the franchisee. This is a common practice in franchising that allows the franchisor to continue to grow and evolve the brand as they see fit. As a franchisee, you should be aware that Bojangles could potentially introduce new products, services, or even franchise concepts that utilize similar branding, and you would not have any inherent rights to those new initiatives.