What happens to a Bojangles franchisee's right to use the Proprietary Marks upon expiration or earlier termination of the Franchise Agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
such content and form and at such conspicuous locations on the premises of the Franchised Business as Franchisor may designate in writing;
- (5) Franchisee's right to use the Proprietary Marks is limited to the term of this Agreement and shall automatically cease upon the expiration or earlier termination of this Agreement and is limited to such uses as are authorized under this Agreement, and any unauthorized use thereof, including, but not limited to, sublicensing a use of the Proprietary Marks, shall constitute an infringement of Franchisor's rights and a default under this Agreement;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a franchisee's right to use the Proprietary Marks is explicitly tied to the term of the Franchise Agreement. Upon expiration or earlier termination of the agreement, the franchisee's right to use the Proprietary Marks automatically ceases. This means the franchisee can no longer use the Bojangles trademarks, logos, and other identifying marks associated with the brand.
Bojangles franchisees must also understand that any unauthorized use of the Proprietary Marks after the termination or expiration of the agreement, including sublicensing, constitutes an infringement of Bojangles's rights. Such infringement is considered a default under the Franchise Agreement, which could lead to legal action. This provision protects Bojangles's brand identity and ensures that only authorized franchisees represent the brand.
Furthermore, any goodwill arising from the franchisee's use of the Proprietary Marks during the franchise term accrues solely to the benefit of Bojangles. Upon expiration or termination, the franchisee will not be assigned any monetary amount attributable to the goodwill associated with their use of the Bojangles system or Proprietary Marks. This is a common practice in franchising, as the brand and its associated goodwill are considered the franchisor's assets.