What are the Proprietary Marks associated with the Bojangles System, as defined in the Bojangles franchise agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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 (hereinafter referred to as "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");
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to the 2025 Bojangles Franchise Disclosure Document, the Proprietary Marks include trade names, service marks, trademarks, logos, emblems, and indicia of origin that identify the Bojangles System. These marks specifically include "BOJANGLES®", "BOJANGLES'®" and "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS®", along with any other trade names, service marks, and trademarks designated by Bojangles for use within the Bojangles System. Bojangles retains the right to modify these Proprietary Marks for identifying the System and its associated businesses.
As a franchisee, you are permitted to use only the Proprietary Marks designated by Bojangles and must adhere to their authorized usage guidelines. The Proprietary Marks are to be used solely for operating the franchised business at the approved location or in advertising for the franchised business. Unless Bojangles authorizes otherwise in writing, franchisees must operate and advertise under the names "BOJANGLES®" Restaurant, "BOJANGLES'®" Restaurant or "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS®" Restaurant, without any additional prefixes or suffixes.
The franchise agreement stipulates that franchisees do not acquire any ownership interest in the Proprietary Marks, except for the license granted within the agreement. All goodwill generated from the franchisee's use of the Proprietary Marks benefits Bojangles exclusively. Upon termination or expiration of the franchise agreement, no monetary value is assigned to the franchisee for any goodwill associated with their use of the Bojangles System or Proprietary Marks.
Bojangles maintains the right to use the Proprietary Marks themselves for selling products and services, grant additional licenses to other franchisees, and develop other systems using similar proprietary marks without providing any rights to the franchisee. They can also sell similar products authorized for sale at Bojangles Restaurants under the Proprietary Marks or other trademarks through any distribution channel. This includes sales through e-commerce, retail, wholesale, and other methods, under terms Bojangles deems appropriate.