How does the Bojangles's Item 13 trademarks described relate to the franchisor's description in Item 1?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 1: THE FRANCHISOR AND ANY PARENTS, PREDECESSORS AND AFFILIATES]
The Franchisor
To simplify the language in this disclosure document "we" or "us" means Bojangles Opco, LLC, the franchisor. "You" or "your" means the purchaser of the franchise. If the purchaser of the franchise is a corporation, partnership, limited liability company, or another entity form, "you" or "your" means both the purchaser and the persons who own the entity.
Bojangles Opco, LLC is a limited liability company organized under the laws of the State of Delaware on February 3, 2020 with a principal business address at 9432 Southern Pine Boulevard, Charlotte, North Carolina 28273. We do business under the service marks and trade names "Bojangles®", "Bojangles'®", "Bojangles' Famous Chicken 'n Biscuits®", and "Bojangles Express®". Our agents for service of process in various states are listed in Exhibit J.
We became the franchisor of the Bojangles restaurant system and began offering franchises for the right to develop and operate Bojangles Restaurants in the United States on October 6, 2020, as part of the Securitization Transaction, which is described below. Through our parents, predecessors and affiliates, we began operating Bojangles Restaurants in 1977. As of December 29, 2024, there were 830 Restaurants in operation, of which 564 were franchised Restaurants in the United States and 266 were company-operated Restaurants in the United States (which are operated and managed for us by our indirect parent, Bojangles' Restaurants, Inc. ("BRI")). In this disclosure document, we refer to the Restaurants owned by us or our affiliates as "company-operated Restaurants". We also contract with foodservice operators for retailing opportunities and the sale of Bojangles products in venues such as sports arenas, stadiums, college campuses, race tracks and other nontraditional venues for Bojangles branded food and drinks. We have not offered franchises in any other line of business and do not conduct any other kind of business.
[Item 23: RECEIPTS]
WHEREAS, Franchisor, as the result of the expenditure of time, skill, effort, and money, has developed and owns a unique and distinctive system ("Bojangles System" or "System") relating to the establishment and operation of fast service restaurants;
WHEREAS, Franchisor identifies the Bojangles System by means of certain trade names, service marks, trademarks, logos, emblems and indicia of origin, including but not limited to the marks "BOJANGLES®", "BOJANGLES'®" and "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS ®", and such other trade names, service marks, and trademarks as are now designated (and may hereafter be designated by Franchisor in writing) for use in connection with the Bojangles System ("Proprietary Marks") and certain unique trade dress, including but not limited to specific color schemes, patterns, designs, decor, furnishings and layout, now or hereafter used by Franchisor in connection with the Bojangles System (hereinafter referred to as "Trade Dress");
- (7) Franchisor reserves the right to substitute different Proprietary Marks for use in identifying the System and the businesses operating thereunder.
What This Means (2025 FDD)
According to the 2025 Bojangles Franchise Disclosure Document, Item 1 and other sections of the FDD describe the trademarks, service marks, and trade names that Bojangles Opco, LLC uses to identify its franchise system. Item 1 explicitly states that Bojangles Opco, LLC, the franchisor, conducts business under the service marks and trade names "Bojangles®", "Bojangles'®", "Bojangles' Famous Chicken 'n Biscuits®", and "Bojangles Express®".
These trademarks are further defined and referenced throughout the FDD, particularly in the context of the franchise agreement and the franchisor's rights. For example, the Development Agreement defines the "Bojangles System" and mentions that Bojangles identifies this system through various trademarks, service marks, logos, and emblems, including "BOJANGLES®", "BOJANGLES'®" and "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS ®". These marks are collectively referred to as "Proprietary Marks."
The FDD also clarifies that Bojangles retains all rights to these Proprietary Marks and can use them in various ways, including licensing them to other franchisees, selling products and services under these marks, and even developing other systems using similar marks. This indicates that while franchisees are granted the right to use these marks, Bojangles maintains ultimate control and ownership, which is a typical arrangement in franchising. Bojangles also reserves the right to change the Proprietary Marks used in the system.