Can a Brueggers Bagels franchisee contest the validity of the Proprietary Marks?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Therefore, you agree to:
10.3.1. Use only the Proprietary Marks that we designate and use them only in the manner we authorize;
10.3.2. Use the Proprietary Marks and Works only for the operation of the Bakery and only at the Premises or in advertising for the Bakery
10.3.3. Operate and advertise the Bakery only under the names "Bruegger's" and "Bruegger's Bagels", and use all Proprietary Marks without prefix or suffix, and not use the Proprietary Marks as part of your corporate or legal name;
10.3.4. Ensure that all advertising and promotional materials, packaging, signs, decorations, websites, and other items that we may specify, bear the Proprietary Marks in the form, color, size, and location we prescribe;
10.3.5. Identify yourself as a licensee of the Proprietary Marks, and not the owner of Proprietary Marks in conjunction with any use of the Proprietary Marks, including but not limited to on invoices, order forms, receipts, check stock, payroll forms, business stationery, websites, email auto-signatures, and other electronic media, as well as at such conspicuous locations on the Premises;
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
Based on the 2025 Brueggers Bagels Franchise Disclosure Document, franchisees are restricted in their use of the Proprietary Marks and are required to acknowledge Brueggers Bagels' ownership and rights to those marks. The agreement explicitly states that the franchisee's right to use the Proprietary Marks is limited to authorized uses and that unauthorized use constitutes infringement. This suggests that franchisees cannot contest the validity of the Proprietary Marks, as they must identify themselves as licensees and not owners of the marks.
Specifically, Brueggers Bagels franchisees must only use designated Proprietary Marks in an authorized manner for the operation and advertising of their Bakery. They are required to operate and advertise the Bakery under the names "Bruegger's" and "Bruegger's Bagels" without any prefixes or suffixes and must ensure that all advertising and promotional materials bear the Proprietary Marks in the prescribed form, color, size, and location.
Upon termination or expiration of the franchise agreement, the franchisee must cease all use of the Proprietary Marks and take action to cancel any registrations containing "Bruegger's" or any other Proprietary Marks. This further reinforces the franchisor's control over the Proprietary Marks and the franchisee's limited rights to use them, implying that contesting the validity of these marks would be a breach of the franchise agreement.