Is a Bonchon franchisee allowed to apply for a trademark or service mark registration of any of Bonchon's Proprietary Marks or confusingly similar marks?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree not to apply for or obtain any trademark or service mark registration of any of the Proprietary Marks or any confusingly similar marks in your own name. You agree to use the Proprietary Marks only for the uses and in the manner licensed under this Agreement and as provided in this Agreement. If you are a business entity, then you agree that under no circumstance will you incorporate any of the Proprietary Marks, any portion thereof or any name or mark derivative of or similar to the Proprietary Marks, in your business entity's name. You may never use the Proprietary Marks in connection with any other business except for the franchised Business. You agree that you will not, during or after the term of this Agreement, impair the goodwill associated with the Proprietary Marks or in any way dispute or impugn the validity of the Proprietary Marks, our rights (or those of our affiliates) to the Proprietary Marks, or the rights of us, our affiliates, other franchisees of ours or other third parties to whom we may have licensed the Proprietary Marks to use the Proprietary Marks. You are not permitted to contest our interest in the Proprietary Marks
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from applying for or obtaining any trademark or service mark registration of Bonchon's Proprietary Marks, or any marks that are confusingly similar to them. This restriction is in place to protect Bonchon's brand identity and ensure consistent use of its trademarks. Franchisees are only permitted to use the Proprietary Marks in the specific ways licensed to them under the Franchise Agreement.
This limitation extends to the franchisee's business entity name as well. Franchisees cannot incorporate any of Bonchon's Proprietary Marks, or any similar names or marks, into their business entity's name. The agreement specifies that franchisees may never use the Proprietary Marks in connection with any business other than the franchised Bonchon Business.
Furthermore, franchisees are prohibited from taking any actions that could harm the goodwill associated with Bonchon's Proprietary Marks. This includes disputing the validity of the marks or the rights of Bonchon, its affiliates, or other authorized parties to use them. These restrictions remain in effect both during and after the term of the Franchise Agreement, ensuring the continued protection of Bonchon's brand and intellectual property.