What must a Brueggers Bagels licensee ensure regarding the Marks?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Your right to use the Proprietary Marks and the Works is limited to the uses we authorize under this Agreement and any unauthorized use will constitute an infringement of our rights.
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;
10.3.6. Not use the Proprietary Marks to incur any obligation or indebtedness on behalf of us or our affiliates;
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, a licensee's right to use the Proprietary Marks and the Works is limited to authorized uses under the License Agreement. Unauthorized use constitutes an infringement of Brueggers Bagels's rights. Therefore, a Brueggers Bagels licensee must adhere to specific guidelines regarding the use of the Proprietary Marks.
Specifically, the licensee must use only the designated Proprietary Marks in the authorized manner, solely for the operation and advertising of the Bakery at the designated Premises. The licensee must operate and advertise the Bakery only under the names "Bruegger's" and "Bruegger's Bagels", using all Proprietary Marks without any prefixes or suffixes, and must not incorporate the Proprietary Marks into their corporate or legal name.
Furthermore, all advertising, promotional materials, packaging, signs, decorations, websites, and other specified items must display the Proprietary Marks in the prescribed form, color, size, and location. The licensee must identify themselves as a licensee of the Proprietary Marks, not the owner, in conjunction with any use of the marks, including on invoices, order forms, receipts, business stationery, websites, and at conspicuous locations on the Premises. Finally, the licensee is prohibited from using the Proprietary Marks to incur any obligation or indebtedness on behalf of Brueggers Bagels or its affiliates.