When does a Bojangles franchisee's right to use the Proprietary Marks automatically cease?

According to Bojangles' 2025 Franchise Disclosure Document, a franchisee's right to use Bojangles' Proprietary Marks is explicitly tied to the term of the Franchise Agreement. The right to use these marks, which include trade names, service marks, trademarks, logos, and other identifiers associated with the Bojangles system, automatically ceases upon the expiration or earlier termination of the Franchise Agreement. This means that if the agreement ends—whether due to the completion of its term or a termination event—the franchisee immediately loses the right to use Bojangles' branding.

This provision is standard in franchising, as it protects the integrity and consistency of the brand. Bojangles needs to ensure that its trademarks are used only by authorized franchisees who adhere to the company's standards. Continued use of the Proprietary Marks after the agreement's termination would constitute an infringement of Bojangles' rights, potentially leading to legal action.

For a prospective Bojangles franchisee, this underscores the importance of understanding the terms and conditions of the Franchise Agreement, particularly those related to termination and renewal. Franchisees should be aware of the circumstances under which their agreement could be terminated early and the implications for their business. Additionally, franchisees should carefully consider their plans for the business at the end of the franchise term, as they will need to rebrand or cease operations if the agreement is not renewed.