What efforts must a Bumble Roofing franchisee make to protect, maintain, and promote the Marks?
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.
10.3 Franchisee acknowledges and agrees that:
- (a) If, in Franchisor's reasonable determination, the use of Marks or Copyrighted Materials in connection with the Services, Products, other products and services or the Business will infringe or potentially infringe upon the rights of any third party, weakens or impairs the rights of Franchisor or its Affiliates in the Marks or Copyrighted Materials, or it otherwise becomes advisable at any time in the sole discretion of Franchisor or its Affiliates for Franchisor to modify or discontinue use of the Marks or Copyrighted Materials, then upon notice from Franchisor, Franchisee will immediately terminate or modify such use in the manner prescribed by Franchisor. Franchisor may require Franchisee to use one or more additional or substitute trade names, trademarks, service marks or other commercial symbols or copyrighted materials. Franchisor shall reimburse Franchisee for the tangible cost of compliance with this requirement (such as the cost of printing new letterhead and business cards), but Franchisee will have no rights of damages, offset, or right to terminate this Agreement as a result thereof and Franchisor and its Affiliates shall have no liability or obligation whatsoever with respect to Franchisee's modification or discontinuance of any Marks or Copyrighted Materials.
- (b) Franchisee shall notify Franchisor within 3 days after receiving notice of any claim, demand or cause of action based upon or arising from any attempt by any other person, firm or corporation to use the Marks or any colorable imitation thereof or the Copyrighted Materials. Upon receipt of timely notice of an action, claim or demand against Franchisee relating to the Marks or Copyrighted Materials, Franchisor and its Affiliates shall have the sole right, but not the duty, to defend any such action. Franchisor and its Affiliates shall have the exclusive right to contest or bring action against any third party regarding the third party's use of any of the Marks or Copyrighted Materials and shall exercise such right in the sole discretion of Franchisor and its Affiliates. Franchisor and its Affiliates shall control all actions but not be obligated to take any
action. In any defense or prosecution of any litigation relating to the Marks, Copyrighted Materials or components of the System undertaken by Franchisor and its Affiliates, Franchisee shall cooperate with Franchisor and its Affiliates, execute any and all documents, and take all actions as may be desirable or necessary in the opinion of Franchisor's counsel, to carry out such defense or prosecution. At the option of Franchisor or an Affiliate, Franchisee will join in any action, in which case Franchisor shall bear all the out-of-pocket costs of Franchisee for such participation.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 Bumble Roofing Franchise Disclosure Document, franchisees have several obligations to protect, maintain, and promote the Bumble Roofing marks. These obligations are designed to ensure brand consistency and protect the goodwill associated with the Bumble Roofing name. Franchisees must safeguard the reputation and prestige of the marks and copyrighted materials, avoiding any actions that could tarnish the image or adversely affect the value, reputation, or goodwill associated with the marks. They are prohibited from diluting the goodwill attached to the marks, either directly or indirectly. The term Marks refers to the trademark "BUMBLE ROOFING" along with other trade names, trademarks, taglines, symbols, logos, and service marks that Bumble Roofing owns or licenses and designates for use by franchisees. Franchisees must also avoid any business or advertising practices that could harm Bumble Roofing's business, the system, or the goodwill associated with the marks. Franchisees are required to use the marks and copyrighted materials only in approved formats, including advertising, promotional materials, invoices, signage, business cards, and stationery. All materials must be approved by Bumble Roofing, and franchisees must follow any instructions provided in the manual or by Bumble Roofing regarding the use of the marks and copyrighted materials. Franchisees must include a copyright notice on all advertising, promotional, and other materials used in connection with the products and services, and use the appropriate trademark symbols (®, ™, or SM) as specified by Bumble Roofing.
To promote the Bumble Roofing brand, franchisees are required to engage in local marketing, promotion, and advertising to inform the public about their business. During the first 12 months of operation, franchisees must spend a minimum of $65,000 on promotional advertising within their territory, with an additional $15,000 for each contiguous territory. After the first year, franchisees must spend the greater of $65,000 plus $15,000 for each additional contiguous territory, or 5% of the prior year's gross revenues. Franchisees must provide Bumble Roofing with an accounting of their advertising expenditures on a monthly or annual basis, as prescribed by Bumble Roofing. Bumble Roofing has the right to collect the minimum required advertising investment from franchisees and administer it on their behalf. Bumble Roofing will provide franchisees with advertising and promotion materials, but franchisees must obtain prior written approval before developing their own advertising materials. If approved, Bumble Roofing may share these materials with other franchisees. Franchisees are responsible for the duplication costs of any advertising or promotion materials provided by Bumble Roofing.
These requirements ensure that Bumble Roofing franchisees actively contribute to the brand's marketing efforts while maintaining brand standards. The financial investment in advertising can be significant, especially in the first year of operation, and franchisees need to budget accordingly. The need for franchisor approval on advertising materials gives Bumble Roofing control over brand messaging and ensures consistency across all franchise locations. Franchisees should carefully review the advertising requirements and guidelines in the Franchise Agreement and Operations Manual to fully understand their obligations and the approval process for marketing materials. The existence of a National Branding & Marketing Fund also suggests that franchisees may be required to contribute to national advertising efforts, though the specific details of this fund are not provided in this excerpt.