What happens to a Bojangles franchisee's right to use the Proprietary Marks upon termination of the Franchise Agreement?

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 that a franchisee can no longer use the Bojangles trademarks, logos, and other identifying marks to operate their business once the agreement ends.

Bojangles's policy ensures that only authorized franchisees in good standing can represent the brand. This protects the integrity and consistency of the brand's image and reputation. Unauthorized use of the Proprietary Marks after termination constitutes an infringement of Bojangles's rights and a default under the agreement, potentially leading to legal action.

Furthermore, even during the term of the agreement, the franchisee's use of the Proprietary Marks is limited to what is authorized by Bojangles. The franchisee cannot sublicense the marks or use them in any way not explicitly permitted. This control allows Bojangles to maintain strict brand standards and prevent misuse of its intellectual property. Additionally, the franchisee cannot use the Proprietary Marks to incur any obligation or debt on behalf of Bojangles, nor can they use the marks as part of their corporate or legal name, even after the agreement's expiration or termination.