factual

If a Bojangles franchisee continues to operate another business after termination or expiration of the Franchise Agreement, what is prohibited regarding the use of Bojangles Proprietary Marks?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (6) During the term of this Agreement and continuing after its expiration or earlier termination, Franchisee shall not use the Proprietary Marks to incur any obligation or indebtedness on behalf of Franchisor:

  • (7) During the term of this Agreement and continuing after its expiration or earlier termination, Franchisee shall not use the Proprietary Marks as part of its corporate or other legal name;

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, even after the franchise agreement expires or is terminated, a franchisee is restricted from using Bojangles's proprietary marks in certain ways. Specifically, the franchisee cannot use the Proprietary Marks to incur any obligation or indebtedness on behalf of Bojangles. This means the former franchisee cannot create financial liabilities that Bojangles would be responsible for.

Additionally, the franchisee is prohibited from using Bojangles's Proprietary Marks as part of their corporate or other legal name after the agreement's expiration or termination. This prevents the franchisee from creating a new business identity that leverages the Bojangles brand recognition or implies an ongoing association with the franchise.

These restrictions are typical in franchising to protect the brand's integrity and prevent confusion among customers. By preventing the use of the Proprietary Marks in a business name or to incur debt, Bojangles ensures that the franchisee does not misrepresent their relationship with the brand after the franchise agreement concludes. This helps maintain the value and reputation of the Bojangles brand.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.