How should a Brueggers Bagels licensee accept, use, and display the Marks?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
All provisions of this Agreement applicable to the Marks and System apply to all additional trademarks, service marks and commercial symbols authorized for use by and licensed to Licensee by Licensor or its affiliates after the Effective Date. Without limiting the foregoing, Licensee may not use any Mark (or any abbreviation, modification or colorable imitation) as part of any corporate or legal business name or in any other manner (including as an electronic media identifier, such as a web site, web page or domain name) unless Licensor expressly authorizes in writing.
- 3.3. Prohibition Against Disputing Licensor Rights. During or after the Term, Licensee shall not in any way dispute or impugn the validity of the Marks or System, or the rights of Licensor to them, or the rights of Licensor or other licensees of Licensor to use them.
3.4. Use of Trademarks.
- (a) Subject to the approval of the Lessor, Licensee shall affix to the Bakery, at such places as may permissibly be affixed in accordance with Licensee's Management Agreement and/or Lease for the Facility, signs containing the Marks in the size, color and quality of that prescribed by Licensor and approved by the Lessor. Licensee shall not display signs containing any of the Marks at any place to which Licensor reasonably objects.
- (b) Licensee shall accept, use and display, as may be applicable, such Marks in accordance with the Standards, which may be determined by Licensor from time to time.
- (c) Licensee shall ensure that the Marks
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to the 2025 Brueggers Bagels FDD, a licensee must accept, use, and display the Marks in accordance with the standards set by the licensor, which may be updated periodically. The licensee is also required to ensure that the Marks bear the appropriate registration symbols (®), trademark (™), or service mark (SM) designations as prescribed by the licensor.
Additionally, a Brueggers Bagels licensee must affix signs containing the Marks to the Bakery in places permissible under their Management Agreement and/or Lease for the Facility, subject to approval by the Lessor. The signs must be of the size, color, and quality specified by the licensor and approved by the Lessor. The licensee cannot display signs containing any of the Marks in locations to which the licensor reasonably objects.
Furthermore, the Brueggers Bagels licensee is prohibited from registering the Marks as part of any Internet domain name or URL. They also cannot display or use any of the Marks or other intellectual property of the licensor or its affiliates in connection with any website advertising, address, or listing on the World Wide Web without the licensor's prior written consent. This consent may require the licensing of any domain name containing any Marks by the licensor to the licensee. If the licensor decides to modify or discontinue any Marks or use additional or substitute trademarks, the licensee must comply with these directives and display the new marks at their own expense, but the licensee will not be required to spend more than $5,000 in any 12 month period to comply with this obligation.