What constitutes 'misuse' of the Marks for a Bumble Roofing franchisee?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
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operation of its Business, Franchisor or its agents shall have the right of entry and inspection of Franchisee's Business and operating procedures pursuant to Section 8.4.
- (e) Franchisee will safeguard and maintain the reputation and prestige of the Marks and Copyrighted Materials and will not do anything that would tarnish the image of or adversely affect the value, reputation or goodwill associated with the Marks. Franchisee will not do anything that would dilute, directly or indirectly, the value of the goodwill attached to the Marks, nor counsel, procure or assist anyone else to do the same.
- (f) Franchisee will use the Marks and Copyrighted Materials only in lettering, logos, print styles, forms, and formats, including but not limited to, advertising and promotional materials, invoices, signage, business checks, business cards, invoices, stationery, and promotional items such as clothing, pens, mugs, etc., which have been approved by Franchisor in accordance with this Agreement, and promptly follow instructions regarding the Marks and Copyrighted Materials as provided in the Manual and otherwise given by Franchisor from time to time.
- (g) Franchisee will use the following copyright notice at least once on each piece of advertising, promotional, or other material used in connection with the Products and Services:
- © (year of first publication). BUMBLE ROOFING FRANCHISOR, LLC, All Rights Reserved.
- (h) Franchisee will use the Marks with a superscript "®", ™ or "SM", as specified by Franchisor, unless and until advised by Franchisor to use a different notice.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, a franchisee must safeguard the reputation and prestige of the Marks and Copyrighted Materials. They cannot take any actions that could tarnish the image or negatively impact the value, reputation, or goodwill associated with the Marks. Franchisees are also prohibited from diluting the goodwill attached to the Marks, either directly or indirectly, or assisting others in doing so.
Bumble Roofing franchisees are required to use the Marks and Copyrighted Materials only in approved formats, including lettering, logos, print styles, forms, and advertising materials. These materials must be approved by Bumble Roofing. Franchisees must also follow any instructions provided in the Manual or by Bumble Roofing regarding the Marks and Copyrighted Materials. Additionally, franchisees must include the specified copyright notice on all advertising and promotional materials and use the appropriate superscript symbol (®), ™, or SM) with the Marks as directed by Bumble Roofing.
Furthermore, Bumble Roofing franchisees cannot independently market on the Internet or use any domain name, address, locator, link, metatag, or search technique with words or symbols similar to the Marks without prior written approval from Bumble Roofing. Franchisees are also prohibited from engaging in any business or advertising practices that could harm Bumble Roofing's business, the System, or the goodwill associated with the Marks and other Bumble Roofing businesses. Franchisees also cannot use any materials that are false or misleading or communicate anything to customers or prospective customers that is false or misleading.
In practical terms, this means a Bumble Roofing franchisee needs to be very careful about how they present the brand. All marketing and advertising needs to be pre-approved, and they must adhere strictly to the brand's guidelines. Failure to do so could be considered a breach of contract and could lead to penalties or even termination of the franchise agreement. A prospective franchisee should carefully review the Manual and seek clarification from Bumble Roofing on any aspects of brand usage that are unclear.