What steps has Bojangles taken, and will take, to preserve and protect the ownership and validity of its Proprietary Marks?
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;
(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;
(5) Franchisee's right to use the Proprietary Marks is limited to the term of this Agreement and shall automatically cease upon the expiration or earlier termination of this Agreement and is limited to such uses as are authorized under this Agreement, and any unauthorized use thereof, including, but not limited to, sublicensing a use of the Proprietary Marks, shall constitute an infringement of Franchisor's rights and a default under this Agreement;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Bojangles represents that it owns all rights, titles, and interests in its Proprietary Marks. Bojangles has taken and will take all steps reasonably necessary to preserve and protect the ownership and validity of these marks. Bojangles permits franchisees to use the Proprietary Marks only in accordance with the Bojangles system, standards, and specifications.
As part of the franchise agreement, franchisees must adhere to specific guidelines regarding the use of Bojangles' Proprietary Marks. Franchisees are required to use only the Proprietary Marks designated by Bojangles and in the manner authorized. The Proprietary Marks can only be used for the operation and advertising of the franchised business at the authorized location. Unless otherwise specified by Bojangles, franchisees must operate and advertise under the name "BOJANGLES® Restaurant," "BOJANGLES'® Restaurant," or "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS® Restaurant," without any additional prefixes or suffixes.
During the term of the agreement, franchisees must identify themselves as the owners of the franchised business in conjunction with any use of the Proprietary Marks. This includes uses on invoices, order forms, receipts, and contracts. Franchisees must also display a notice to that effect in a conspicuous location on the premises, as designated by Bojangles. The franchisee's right to use the Proprietary Marks is limited to the term of the agreement and ceases upon its expiration or termination. Unauthorized use of the Proprietary Marks, including sublicensing, constitutes an infringement of Bojangles' rights and a default under the agreement.
Bojangles retains several rights regarding its Proprietary Marks. The franchisee's use of the Proprietary Marks does not grant them any ownership interest, except for the license provided by the agreement. All goodwill arising from the franchisee's use of the Proprietary Marks inures solely to Bojangles' benefit. Upon expiration or termination of the agreement, no monetary amount is assigned to the franchisee for any goodwill associated with their use of the system or the Proprietary Marks. Bojangles' license of the Proprietary Marks is nonexclusive, allowing Bojangles to use the marks themselves, grant other licenses, and develop other systems using similar marks.