Can a Bojangles franchisee sublicense the use of the Proprietary Marks?

According to Bojangles' 2025 Franchise Disclosure Document, franchisees are expressly prohibited from sublicensing the use of the Proprietary Marks. The agreement specifies that any unauthorized use of these marks, including sublicensing, constitutes an infringement of Bojangles' rights and a default under the franchise agreement. This restriction is in place to ensure that Bojangles maintains strict control over its brand and the quality associated with it.

This provision means that a franchisee cannot allow any third party to use the Bojangles trademarks, logos, or other proprietary marks without direct authorization from Bojangles. This includes arrangements where a franchisee might want to partner with another business or allow another entity to operate under the Bojangles brand. The franchisee's right to use the Proprietary Marks is limited to the terms of the agreement and the specific location authorized.

The prohibition on sublicensing is a standard practice in franchising, designed to protect the brand's integrity and reputation. By preventing franchisees from sublicensing, Bojangles ensures consistent brand representation and quality control across all its locations. This control helps maintain customer trust and the overall value of the Bojangles brand.

For a prospective franchisee, this restriction underscores the importance of adhering strictly to the franchise agreement and understanding the limitations on using Bojangles' Proprietary Marks. Any deviation from this policy could result in legal action and termination of the franchise agreement. Therefore, franchisees must rely solely on the rights granted to them by Bojangles and cannot independently extend those rights to others.