Can Brueggers Bagels require me to discontinue using any of the Proprietary Marks or Works?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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)
According to the 2025 Brueggers Bagels FDD, upon termination or expiration of the franchise agreement, Brueggers Bagels can require a franchisee to discontinue the use of Proprietary Marks and Works. Specifically, the franchisee must cease using the "Bruegger's" and "Bruegger's Bagels" names and marks, all other Proprietary Marks, the Works, and all other distinctive forms, slogans, signs, symbols, websites, domain names, email addresses, other electronic identifiers, and devices associated with the System. This includes withdrawing all advertising matter, both physical and electronic, and removing all signs and letterheads displaying the Proprietary Marks from the premises.
Furthermore, the franchisee cannot represent themselves as a current or former Brueggers Bagels franchisee after termination or expiration of the agreement. They must also deliver all manuals, records, correspondence, and instructions containing confidential information, trade secrets, or know-how related to the System to Brueggers Bagels. The franchisee is also responsible for canceling any assumed name, email address, or domain name registrations that include "Bruegger's" or any other Proprietary Marks, providing evidence of compliance within five days of termination or expiration.
Brueggers Bagels also has the right to appoint themselves as the franchisee's attorney-in-fact to carry out these cancellation requirements if the franchisee fails to do so within the specified five-day period. Finally, the franchisee is prohibited from using any reproduction, counterfeit, copy, or imitation of the Proprietary Marks or the Works in connection with any other business that could cause confusion or dilute Brueggers Bagels' rights to those marks and works.