Is a Bojangles franchisee allowed to use proprietary marks not designated by the franchisor?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. With respect to Franchisee's licensed use of the Proprietary Marks pursuant to this Agreement, Franchisee agrees that:
- (1) Franchisee shall use only the Proprietary Marks designated by Franchisor, and shall use them only in the manner authorized and permitted by Franchisor;
- (2) Franchisee shall use the Proprietary Marks only for the operation of the Franchised Business and only at the location authorized hereunder, or in advertising for the Franchised Business;
- (3) Unless otherwise authorized or required by Franchisor in writing, Franchisee shall operate and advertise the Franchised Business only under the name "BOJANGLES®" Restaurant "BOJANGLES'®" Restaurant, "BOJANGLES' FAMOUS
CHICKEN 'N BISCUITS®" Restaurant, or "BOJANGLES EXPRESS®" Restaurant as specified by Franchisor, without prefix or suffix;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, franchisees are explicitly restricted to using only the proprietary marks designated by Bojangles. This means a franchisee cannot create, alter, or use any trademarks, service marks, logos, or trade names that have not been officially approved and designated by Bojangles for use within the franchise system.
This restriction is in place to protect the uniformity and brand identity of the Bojangles system. By ensuring that all franchisees use the same approved marks, Bojangles aims to maintain a consistent image and customer experience across all locations. This consistency is crucial for building brand recognition and customer loyalty.
The franchise agreement specifies that franchisees must operate and advertise their Bojangles restaurant under names such as "BOJANGLES® Restaurant," "BOJANGLES'® Restaurant," or "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS®" Restaurant, or "BOJANGLES EXPRESS®" Restaurant as specified by Bojangles, without any additional prefixes or suffixes, unless otherwise authorized in writing by Bojangles. This further reinforces the control Bojangles maintains over its brand's representation.
Unauthorized use of proprietary marks by a franchisee constitutes an infringement of Bojangles' rights and a default under the franchise agreement. This could lead to penalties, legal action, or even termination of the franchise agreement. Therefore, it is essential for franchisees to adhere strictly to the approved marks and usage guidelines provided by Bojangles.