What happens to a Bojangles franchisee's right to use the Proprietary Marks upon termination or expiration 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 the 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. Any unauthorized use after termination or expiration constitutes an infringement of Bojangles's rights and a default under the agreement.
This provision is standard in franchising, as it protects the integrity and exclusivity of the brand. Bojangles retains ownership of all rights, titles, and interests in the Proprietary Marks. The franchisee's use is only a limited license granted during the agreement term. The franchisee cannot claim any ownership or other interest in the Proprietary Marks, except for the specific license granted in the agreement.
Furthermore, any goodwill arising from the franchisee's use of the Proprietary Marks in their franchised operation accrues solely to the benefit of Bojangles. Upon termination or expiration, the franchisee will not receive any monetary compensation for goodwill associated with their use of the Bojangles system or Proprietary Marks. This reinforces that the brand equity remains with Bojangles, not the individual franchisee.
Even during the term of the agreement, the franchisee's use of the Proprietary Marks is subject to several restrictions. The franchisee must use only the designated Proprietary Marks in the manner authorized by Bojangles, solely for the operation of the franchised business at the authorized location, and under the approved names (e.g., "BOJANGLES® Restaurant"). The franchisee must also identify themselves as the owner of the franchised business in conjunction with any use of the Proprietary Marks. These restrictions ensure consistent brand representation and prevent any misuse or unauthorized exploitation of the Bojangles brand.