What rights does a Brueggers Bagels franchisee have to display Proprietary Marks?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 10.3. Limitations on Use.
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' 2025 Franchise Disclosure Document, a franchisee's right to use the Proprietary Marks is limited to what Brueggers Bagels authorizes in the Franchise Agreement. Unauthorized use of these marks constitutes an infringement of Brueggers Bagels' rights.
Specifically, a franchisee must use only the Proprietary Marks that Brueggers Bagels designates and only in the manner authorized. The Proprietary Marks and Works can only be used for the operation of the Bakery and only at the Premises or in advertising for the Bakery. Franchisees must operate and advertise the Bakery only under the names "Bruegger's" and "Bruegger's Bagels", using all Proprietary Marks without any prefix or suffix, and cannot use these marks as part of their corporate or legal name.
Furthermore, all advertising and promotional materials, packaging, signs, decorations, websites, and other specified items must bear the Proprietary Marks in the form, color, size, and location prescribed by Brueggers Bagels. Franchisees are required to identify themselves as a licensee of the Proprietary Marks, not the owner, in conjunction with any use of the marks, including on business documents and at conspicuous locations on the Premises. Finally, franchisees cannot use the Proprietary Marks to incur any obligation or indebtedness on behalf of Brueggers Bagels or its affiliates.
These stipulations are typical in franchising, as they protect the brand's identity and goodwill. Brueggers Bagels maintains strict control over its Proprietary Marks to ensure consistency and quality across all franchise locations, which ultimately benefits the entire franchise system. A prospective franchisee should carefully review these requirements to fully understand the limitations and obligations associated with using the Brueggers Bagels Proprietary Marks.