How must a Brueggers Bagels franchisee identify themselves in dealings with clients and suppliers?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.1. De-Identification. Except as provided in Section 18.2 below, upon termination or expiration of this Agreement, you must:
- 18.1.1. Cease to operate the Bakery;
- 18.1.2. Cease to use the confidential methods, procedures, and techniques associated with the System, the "Bruegger's" and "Bruegger's Bagels" names and marks, all other Proprietary Marks, the Works, and all other distinctive forms, slogans, signs, symbols, Web sites, domain names, e-mail addresses, other electronic identifiers, and devices associated with the Bakery or the System; withdraw all advertising matter (including electronic marketing); remove from the Premises all signs, letterhead, and other articles which display the Proprietary Marks; and except as provided in Section 18.2 below not thereafter, directly or indirectly, represent yourself to the public or hold yourself out as a present or former franchisee of ours;
- 18.1.3. Deliver to us the Manuals and all other records, correspondence, and instructions in your possession or control, in any medium, that contain confidential information, trade secrets, or know-how relating to the System or the operation of a Bakery, all of which you acknowledge to be our property;
- 18.1.4. Take such action as may be necessary to cancel any assumed name registration or equivalent registration, and any e-mail address or domain name registration,
obtained by you which contains "Bruegger's" or any other Proprietary Marks, and furnish evidence satisfactory to us of compliance with this obligation within five (5) days after termination or expiration of this Agreement. You hereby appoint us your attorney-in-fact to carry out the requirements of this Section 18.1.4, if you fail to do so within such five (5) day period;
- 18.1.5. Not use any reproduction, counterfeit, copy, or colorable imitation of the Proprietary Marks or the Works in connection with any other business which, in our sole discretion, is likely to cause confusion, mistake, or deception or to dilute our and our affiliates' rights in and to the Proprietary Marks and the Works.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
Based on the 2025 Brueggers Bagels Franchise Disclosure Document, franchisees must cease representing themselves as current or former franchisees upon termination or expiration of the franchise agreement. Specifically, they must discontinue using Brueggers Bagels' confidential methods, procedures, and trademarks, including the names and marks associated with the brand. This extends to all forms of advertising and requires the removal of any signs or materials displaying Brueggers Bagels' proprietary marks from the premises.
This obligation ensures that franchisees do not mislead the public into thinking they are still affiliated with the Brueggers Bagels system after their agreement ends. It protects the brand's reputation and prevents potential confusion among customers and suppliers. Franchisees must also cancel any assumed name registrations, email addresses, or domain names containing "Bruegger's" or any other proprietary marks, providing evidence of compliance to the franchisor within five days of termination or expiration.
Moreover, franchisees are prohibited from using any reproduction, counterfeit, copy, or imitation of Brueggers Bagels' proprietary marks in connection with any other business. This restriction is designed to prevent any activity that could cause confusion, mistake, or deception, or that could dilute the franchisor's rights to its trademarks and works. This is a standard practice in franchising to maintain brand consistency and prevent unfair competition.
These measures are crucial for maintaining the integrity of the Brueggers Bagels brand and ensuring that customers and suppliers can clearly distinguish between authorized franchisees and independent operators. Franchisees should be aware of these obligations and take the necessary steps to comply with them upon termination or expiration of their franchise agreement.