What sections of the Bonchon Franchise Agreement define the Proprietary Marks?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
Agreement (“Further | Obligations and | Rights Following | the | |---|---|---|---|---|---|---|
| 7. Sections | 4.02 | (“Successor Term | and Successor | Agreement”) and | 13.01 | (“Conditions to | |---|---|---|---|---|---|---|
EXHIBIT B TO FRANCHISE AGREEMENT
PROPRIETARY MARKS
The Proprietary Marks as defined in Section 1.01 of the Franchise Agreement will consist of:
| 10. Sections | 4.02 | (“Successor Term | and Successor | Franchise Agreement”) | and | 13.01 | |---|---|---|---|---|---|---| and such other and further Proprietary Marks (as defined in Section 1.01 of the Franchise Agreement) that we may from time to time license to you in conjunction with and addition to the Proprietary Marks listed above. Any such other and further Proprietary Marks will be deemed a part of this Exhibit B.
EXHIBIT C TO BONCHON FRANCHISE AGREEMENT REQUIRED LEASE RIDER
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| 2. | |
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Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the Proprietary Marks are defined in multiple sections of the Franchise Agreement. Section 1.01 of the Franchise Agreement defines Proprietary Marks, as referenced in Exhibit B. Section 2.01 grants the franchisee the right to use the Proprietary Marks and the Bonchon System in connection with establishing and operating a Bonchon Business and Restaurant. Section 13 addresses Proprietary Marks, clarifying that the agreement does not constitute a license to use or display any of the Proprietary Marks, but rather a limited, non-exclusive license is granted through Franchise Agreements. Section 15.01 states that Bonchon retains ownership of the Proprietary Marks.
These sections collectively outline the scope and limitations of a franchisee's rights to use Bonchon's trademarks and service marks. Bonchon retains ownership and control over its Proprietary Marks, and franchisees are granted a limited license to use them within the scope of the Franchise Agreement. This is a common arrangement in franchising, as it allows the franchisor to maintain brand consistency and protect its intellectual property.
Prospective franchisees should carefully review these sections to understand their rights and obligations regarding the use of Bonchon's Proprietary Marks. They should also be aware of the restrictions on using the Proprietary Marks in their business entity name and the requirement to feature the Proprietary Marks on all advertising and promotional materials. Understanding these provisions is crucial for ensuring compliance with the Franchise Agreement and avoiding potential disputes with Bonchon.