Where in the Browns Chicken franchise agreement can I find information about marks?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
17. MARKS.
A. Brown's Ownership of Marks.
Franchisee acknowledges that Brown is the owner of the Marks licensed to Franchisee by this Agreement, that Franchisee's right to use the Marks is derived solely from this Agreement, and that all usage thereof by Franchisee and any goodwill established thereby shall inure to the exclusive benefit of Brown. Franchisee agrees that after the termination or expiration of the Franchise, it will not directly or indirectly in any manner identify itself or any store, business or premises as a BROWN'S Store, a former BROWN'S Store or as a franchisee of or otherwise associated with Brown or use any Mark in any manner or for any purpose. All provisions of this Agreement applicable to the Marks shall apply to any additional trademarks, service marks and commercial symbols hereafter authorized for use by and licensed to Franchisee by Brown. Any unauthorized use of the Marks by Franchisee shall constitute an infringement of the rights of Brown and Licensor in and to the Marks. Franchisee agrees that all usage of the Marks by Franchisee and any goodwill established thereby shall inure to the exclusive benefit of Brown and Licensor, and Franchisee acknowledges that this Agreement does not confer any goodwill or other interests in the Marks upon Franchisee. Franchisee shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity or ownership of any of the Marks or assist any others in contesting the validity or ownership of any of the Marks. All
provisions of this Agreement applicable to the Marks shall apply to any additional trademarks, service marks, logo forms and commercial symbols hereafter authorized for use by and licensed to Franchisee pursuant to this Agreement.
B. Limitations On Franchisee's Use of Marks.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, details regarding the brand's marks are found in Section 17 of the franchise agreement. This section explicitly states that Browns Chicken owns the marks licensed to the franchisee, and the franchisee's right to use these marks comes solely from the franchise agreement. Any use of the marks by the franchisee, including any goodwill established, benefits Browns Chicken exclusively.
The agreement also clarifies that after the franchise terminates or expires, the franchisee cannot identify themselves or their business as a Browns Chicken store or associate with Browns Chicken in any way, nor can they use any of the brand's marks. All terms in the agreement that apply to the marks also extend to any additional trademarks, service marks, and commercial symbols that Browns Chicken authorizes for the franchisee's use. Unauthorized use of the marks by the franchisee constitutes an infringement of Browns Chicken's rights.
Furthermore, the franchisee acknowledges that the agreement does not grant them any goodwill or other interests in the marks. The franchisee is prohibited from contesting the validity or ownership of the marks at any time during or after the agreement's term. This section ensures that Browns Chicken retains full control and ownership of its brand identity and protects its trademarks and service marks from unauthorized use or challenges.