What does Bonchon require franchisees to do regarding trade name or fictitious name registrations for the Proprietary Marks?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
- B. You may not use the Proprietary Marks in any way which will incur any obligation or indebtedness on our behalf. You agree to comply with our Manuals' instructions in filing and maintaining all requisite trade name or fictitious name registrations, and in executing any documents considered necessary by us or our counsel to obtain protection for the Proprietary Marks or to maintain their continued validity and enforceability.
- C. You agree to affix our Proprietary Marks on the facilities of your franchised Bonchon Business, including your Bonchon Restaurant, your franchised Business's point-of-sale materials, signs, stationery, advertising, sales, marketing and promotional materials and other objects in the size, color, lettering style and fashion and at the places which we designate in our Manuals or otherwise. You also agree to display the Proprietary Marks and relevant trademark and copyright notices pursuant to the requirements set forth in the Manuals.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, franchisees must comply with the instructions in Bonchon's manuals for filing and maintaining all required trade name or fictitious name registrations. Franchisees must also execute any documents Bonchon or its counsel deems necessary to protect the Proprietary Marks or maintain their validity and enforceability.
Bonchon franchisees must conduct their franchised business under the assumed name "Bonchon." Franchisees are responsible for all filings and for obtaining all required government approvals or registrations needed to operate under that assumed name. Copies of these filings, approvals, and registrations must be provided to Bonchon.
Upon termination or expiration of the franchise agreement, franchisees must take all necessary actions to cancel any assumed name or equivalent registration containing the Proprietary Mark "Bonchon" or any other Proprietary Mark of Bonchon, or any variant, within fifteen days following termination or expiration of the agreement. If the franchisee fails to do so, Bonchon is authorized to execute the necessary documents on the franchisee's behalf to discontinue the use of the name. These stipulations ensure Bonchon maintains control over its brand identity and prevents unauthorized use of its trademarks after a franchise agreement ends.