What rights does a Brueggers Bagels franchisee have to display Proprietary Marks at the premises?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
ted to, advertisements, promotional materials, labels, menus,
posters, or Web sites, whether or not such adaptation was authorized by us, you agree that such material will be our property and you hereby assign all your right, title and interest therein to us (or a person designated by us). You agree to execute any documents, in recordable form, which we deem necessary to reflect or perfect such ownership. You must submit all such adaptation, translation or derivative works to us for approval prior to use.
- 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;
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 is authorized in the Franchise Agreement. Unauthorized use of these marks constitutes an infringement of Brueggers Bagels' rights.
Specifically, a Brueggers Bagels franchisee is obligated to use only the designated Proprietary Marks in the authorized manner, solely for the operation and advertising of the Bakery at the designated premises. The franchisee must operate and advertise the Bakery under the names "Bruegger's" and "Bruegger's Bagels" without prefixes or suffixes and cannot use the Proprietary Marks as part of their corporate or legal name.
Furthermore, all advertising, promotional materials, packaging, signs, decorations, websites, and other specified items must bear the Proprietary Marks in the prescribed form, color, size, and location. The franchisee must also identify themselves as a licensee of the Proprietary Marks, not the owner, on various materials and locations, including invoices, websites, and conspicuously on the premises. The franchisee is prohibited from using the Proprietary Marks to incur obligations or indebtedness on behalf of Brueggers Bagels or its affiliates.
Upon termination or expiration of the Franchise Agreement, the franchisee must cease using the Proprietary Marks and take necessary actions to cancel any registrations containing "Bruegger's" or other Proprietary Marks. They must also avoid using any imitation of the Proprietary Marks in connection with any other business that could cause confusion or dilute Brueggers Bagels' rights.