Under the Bojangles Franchise Agreement, what rights does Bojangles retain regarding the principal trademarks?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
efending or settling such litigation.
The right to use the principal trademarks granted in the Franchise Agreement is non-exclusive. We, therefore, have and retain the rights, among others:
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- To use the principal trademarks in connection with selling products and services;
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- To grant other licenses for the principal trademarks, in addition to those licenses already granted to existing franchisees; and
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- To develop and establish other systems using the same or similar principal trademarks, or any other principal trademarks, and to grant licenses or franchises thereto without providing any rights therein to you.
There is no currently effective determination of the United States Patent and Trademark Office, Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, nor any pending interference, opposition, or cancellation proceeding, nor any pending material litigation involving the trademarks, service marks, trade names, logotypes, or other commercial symbols which are relevant to their use in the state in which any Restaurant is to be located or elsewhere.
There are no superior prior rights or infringing uses actually known to us that could materially affect your use of the principal trademarks in the state in which any Restaurant is to be located. We will take all steps reasonably necessary to preserve and protect our ownership in and validity of the principal trademarks.
You must promptly notify us of any suspected unauthorized use of the principal trademarks and of any litigation involving the principal trademarks that is threatened or instituted against you. We are not obligated by the Franchise Agreement, nor otherwise, to protect any rights granted to you to use the principal trademarks or to protect you against claims of infringement or unfair competition with respect to them. We have the sole right to direct and control any administrative proceeding or litigation involving the principal trademarks, including any settlement.
Source: Item 13 — TRADEMARKS (FDD pages 50–52)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Bojangles retains significant rights regarding its principal trademarks, even after granting a franchise. Specifically, Bojangles reserves the right to use the principal trademarks in connection with selling products and services, grant other licenses for the principal trademarks to additional franchisees, and develop other systems using the same or similar principal trademarks without providing any rights to the franchisee. This means that while a franchisee is granted the right to use Bojangles's trademarks to operate their restaurant, Bojangles maintains control over the trademarks and can leverage them in other ways.
This reservation of rights is typical in franchising, as it allows Bojangles to grow and evolve its brand without being restricted by individual franchise agreements. For a franchisee, this means that Bojangles could potentially license the trademarks to other businesses, including competitors, or create new restaurant concepts using similar branding. While the franchisee has the right to use the trademarks for their specific Bojangles restaurant, they do not have exclusive rights to the trademarks within their territory or market.
Bojangles also reserves the right to modify or discontinue principal trademarks or substitute different principal trademarks for use in identifying the Bojangles system and the businesses operating under it at its sole discretion and will have no obligation or liability to the franchisee as a result of any modification, discontinuance or substitution. This is a significant point for prospective franchisees to consider. While Bojangles is expected to take steps to protect its trademarks, it is not obligated to protect the franchisee against claims of infringement or unfair competition. Bojangles has the sole right to control any legal proceedings involving the trademarks, including settlements.
In the event of litigation regarding the principal trademarks, Bojangles will conduct the defense and bear the expense if promptly notified by the franchisee. Bojangles also has the right to settle or dispose of the litigation on terms it decides. The franchisee is required to cooperate fully with Bojangles in defending or settling any such litigation. These stipulations highlight the importance of franchisees promptly reporting any potential trademark issues to Bojangles and cooperating in any resulting legal actions.