Is a Bonchon franchisee allowed to use the Proprietary Marks in any manner they choose?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
A. You must not use, and must not permit or cause another to use, the Proprietary Marks except in the manner and to the extent specifically licensed to you under this Agreement. You agree that each use you make of any Proprietary Mark will accurately portray the Mark and that the Mark will not be used or portrayed in a manner which jeopardizes the goodwill associated with the Mark or the Bonchon System. You agree to use the Proprietary Marks in full compliance with rules we
prescribe from time to time in our Manuals or otherwise. You are prohibited (except as expressly provided in this Agreement) from using any Proprietary Mark with any prefix, suffix, or other modifying words, terms, designs or symbols (other than logos licensed by us to you). You may not use any Proprietary Mark in connection with the sale of any unauthorized service, product or program or in any other manner not explicitly authorized in writing by us. You may use the Proprietary Marks only for the operation of the franchised Business or in advertising for the franchised Business. Your right to use the Proprietary Marks is limited to the uses authorized under this Agreement. Any unauthorized use of the Proprietary Marks by you will constitute an infringement of our rights and a material and incurable breach of this Agreement which, unless we waive the breach, will entitle us to terminate this Agreement immediately upon notice to you, with no opportunity to cure.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, a franchisee's use of the Proprietary Marks is strictly limited and controlled by Bonchon. Franchisees are not allowed to use the Proprietary Marks in any manner they choose; instead, they must adhere to the specific guidelines and permissions granted in the Franchise Agreement. Any use of the marks must accurately represent them and not harm the goodwill associated with the Bonchon system. Bonchon provides further rules and instructions in their manuals.
Bonchon prohibits franchisees from using the Proprietary Marks with any unauthorized modifications, such as prefixes, suffixes, or other alterations, unless expressly approved. The marks can only be used for the operation and advertising of the franchised business. Unauthorized use of the Proprietary Marks constitutes a significant breach of the Franchise Agreement, potentially leading to immediate termination without an opportunity to correct the issue.
These restrictions ensure brand consistency and protect Bonchon's trademarks. Prospective franchisees should carefully review the guidelines in the Bonchon manuals and Franchise Agreement to fully understand the permitted uses of the Proprietary Marks. This protects both the franchisee and the franchisor by ensuring consistent brand representation and preventing misuse of intellectual property.