What constitutes a misuse of Marks that could lead to termination of the Brueggers Bagels agreement?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.2.17. If you make any unauthorized or improper use of the Proprietary Marks, or if you or any of your Owners use the Proprietary Marks in a manner that we do not permit (whether under this Agreement and/or otherwise) or that is inconsistent with our direction, or if you or any of your Owners directly or indirectly contest the validity of our ownership of the Proprietary Marks, our right to use and to license others to use the Proprietary Marks, or seek to (or actually do) register any of our Proprietary Marks with any agency (public or private) for any purpose without our prior written consent to do so; or
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, several actions related to the misuse of their Proprietary Marks can lead to the termination of the franchise agreement. These include making any unauthorized or improper use of the Proprietary Marks. This also includes using the Proprietary Marks in a manner that Brueggers Bagels does not permit, whether under the agreement or otherwise, or that is inconsistent with their direction.
Furthermore, if a franchisee or any of their owners directly or indirectly contests the validity of Brueggers Bagels' ownership of the Proprietary Marks, their right to use the marks, or their right to license others to use the Proprietary Marks, it can lead to termination. Seeking to register any of Brueggers Bagels' Proprietary Marks with any agency, public or private, for any purpose without prior written consent is also a cause for concern.
These stipulations are typical in franchise agreements to protect the brand's identity and reputation. Brueggers Bagels needs to ensure consistent brand representation across all franchise locations. Franchisees should be aware of these conditions and adhere strictly to the brand guidelines to avoid potential termination of their franchise agreement.