Who owns the rights, title, and interest in the Proprietary Marks for Bojangles?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchisor owns all rights, title, and interest in and to the Proprietary Marks. This means that Bojangles, as the franchisor, has the exclusive legal authority to use, protect, and license its trademarks, service marks, and other brand identifiers.
As a Bojangles franchisee, you are granted a limited license to use these Proprietary Marks, but you do not acquire any ownership interest in them. This license is specific to the operation of your franchised business and is subject to the terms and conditions outlined in the franchise agreement. Upon termination or expiration of the agreement, your right to use the Proprietary Marks automatically ceases.
Bojangles retains the right to use the Proprietary Marks themselves, grant licenses to other franchisees, and even develop other systems using similar marks. This ensures that Bojangles maintains control over its brand and can adapt its business strategies as needed. Franchisees must adhere to Bojangles's standards and specifications when using the Proprietary Marks to maintain the goodwill associated with the brand. This includes using only designated marks in the authorized manner and operating under the approved business names, such as "BOJANGLES® Restaurant" or "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS® Restaurant."
Any goodwill that arises from a franchisee's use of the Proprietary Marks benefits Bojangles exclusively. This means that upon termination of the franchise agreement, the franchisee will not receive any monetary compensation for the goodwill associated with their use of the Bojangles brand. Bojangles also reserves the right to substitute different Proprietary Marks for use in identifying the System and the businesses operating thereunder.