If a Bojangles franchisee continues to operate another business, what is prohibited regarding the use of Bojangles' Proprietary Marks?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. With respect to Franchisee's licensed use of the Proprietary Marks pursuant to this Agreement, Franchisee agrees that:
- (1) Franchisee shall use only the Proprietary Marks designated by Franchisor, and shall use them only in the manner authorized and permitted by Franchisor;
- (2) Franchisee shall use the Proprietary Marks only for the operation of the Franchised Business and only at the location authorized hereunder, or in advertising for the Franchised Business;
- (3) Unless otherwise authorized or required by Franchisor in writing, Franchisee shall operate and advertise the Franchised Business only under the name "BOJANGLES®" Restaurant "BOJANGLES'®" Restaurant, "BOJANGLES' FAMOUS
CHICKEN 'N BISCUITS®" Restaurant, or "BOJANGLES EXPRESS®" Restaurant as specified by Franchisor, without prefix or suffix;
- (4) During the term of this Agreement, Franchisee shall identify itself as the owner of the Franchised Business in conjunction with any use of the Proprietary Marks, including, but not limited to, uses on invoices, order forms, receipts, and contracts, and shall display a notice to that effect in such content and form and at such conspicuous locations on the premises of the Franchised Business as Franchisor may designate in writing;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, a franchisee's use of Bojangles' Proprietary Marks is explicitly limited to the operation of the franchised Bojangles business. The franchisee can only use these marks at the authorized location or in advertising specifically for that Bojangles location. This means a franchisee cannot use the Bojangles trademarks, service marks, logos, or trade dress in connection with any other business they might own or operate. This restriction ensures that the Bojangles brand remains distinct and is not diluted by association with other ventures.
Bojangles requires that franchisees operate and advertise their franchised business using only the names "BOJANGLES®" Restaurant, "BOJANGLES'®" Restaurant or "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS®" Restaurant, or "BOJANGLES EXPRESS®" Restaurant as specified by Bojangles, without any additional prefixes or suffixes, unless Bojangles provides written authorization or requires otherwise. This standardization helps maintain brand consistency across all franchise locations. Furthermore, franchisees must identify themselves as the owners of the Bojangles franchise in conjunction with any use of the Proprietary Marks, such as on invoices, order forms, receipts, and contracts. They must also display a notice to this effect conspicuously on the premises, as directed by Bojangles in writing.
The agreement specifies that the franchisee's right to use the Proprietary Marks is limited to the term of the Franchise Agreement and automatically ceases upon its expiration or termination. Any unauthorized use, including sublicensing the marks, constitutes an infringement of Bojangles' rights and a default under the agreement. This underscores the importance of adhering strictly to the terms of the franchise agreement regarding the use of Bojangles' intellectual property. Bojangles retains the right to use the Proprietary Marks themselves, grant licenses to others, develop other systems using similar marks, and sell similar products under different trademarks through various distribution channels. This highlights that the franchisee's license is non-exclusive and that Bojangles maintains broad control over its brand and distribution strategies.