What happens if a Bumble Roofing franchisee misuses 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.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, franchisees must protect the reputation of the Marks and use them only as approved by Bumble Roofing. Specifically, franchisees must 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. Franchisees also must 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. Franchisees must use the Marks and Copyrighted Materials only in approved formats, including advertising, promotional materials, invoices, signage, business checks, business cards, invoices, stationery, and promotional items. They must also use the correct copyright notice and trademark symbols as specified by Bumble Roofing.
Bumble Roofing retains the sole right to market on the Internet and use the Marks on the Internet, including all use of websites, domain names, URL's, directory addresses, metatags, linking, advertising, and co-branding and other arrangements. Franchisees may not 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 or otherwise establish any presence on the Internet without Bumble Roofing's prior written approval. Bumble Roofing intends that any Franchisee website be accessed only through Franchisor's home page. Franchisees must provide Bumble Roofing with content for Franchisor's Internet marketing, and will sign Internet and intranet usage agreements, if any.
Furthermore, if a Bumble Roofing franchisee operates multiple locations under separate franchise agreements, a default under one agreement constitutes a default under all agreements. Should one franchise agreement cease to be valid, binding and in full force and effect for any reason then Bumble Roofing may, at its option terminate this Agreement and this Agreement shall be forthwith surrendered by Franchisee and terminated, and likewise should this Agreement cease to be valid binding and in full force and effect for any, reason, Bumble Roofing may at its option terminate the other BUMBLE ROOFING® franchise agreement and the other BUMBLE ROOFING® franchise agreement shall be forthwith surrendered and terminated. This means that misusing the Marks at one location could jeopardize all of a franchisee's Bumble Roofing businesses.
These stipulations are typical in franchising, as franchisors must protect their trademarks and brand identity. A prospective Bumble Roofing franchisee should carefully review Section 10.3 and Section 4.7 of the Franchise Agreement, and seek clarification from Bumble Roofing regarding acceptable uses of the Marks and consequences of misuse to fully understand their obligations and potential risks.