If a Bojangles franchisee operates another business, what is prohibited regarding the use of Bojangles' Proprietary Marks?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
VII. PROPRIETARY MARKS AND TRADE DRESS
- A. Franchisor represents with respect to the Proprietary Marks that:
- (1) Franchisor is the owner of all right, title, and interest in and to the Proprietary Marks;
- (2) Franchisor has taken and will take all steps reasonably necessary to preserve and protect the ownership and validity in and of the Proprietary Marks; and
- (3) Franchisor will permit Franchisee and other franchisees to use the Proprietary Marks only in accordance with the System and the standards and specifications attendant thereto which underlie the goodwill associated with and symbolized by the Proprietary Marks.
- 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 or "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS®" 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's 2025 Franchise Disclosure Document, a franchisee is restricted in how they can use Bojangles' Proprietary Marks, especially if they operate other businesses. The agreement specifies that the franchisee can only use the Proprietary Marks designated by Bojangles and only in the manner authorized by Bojangles.
Specifically, the franchisee can only use the Proprietary Marks for the operation of the franchised Bojangles business and only at the authorized location or in advertising for that specific business. Unless Bojangles authorizes it in writing, the franchisee must operate and advertise the franchised business under the name "BOJANGLES®" Restaurant, "BOJANGLES'®" Restaurant or "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS®" Restaurant, as specified by Bojangles, without any additional prefixes or suffixes.
During the term of the Franchise Agreement, the franchisee must identify themselves as the owner of the Bojangles franchised business when using the Proprietary Marks, including on invoices, order forms, receipts, and contracts. They must also display a notice to that effect in a conspicuous location on the premises of the franchised business, as designated by Bojangles. These restrictions ensure that the Bojangles brand is consistently presented and that the franchisee does not create confusion by associating the marks with other business ventures.