Do the provisions of the Bumble Roofing agreement applicable to the Marks and Copyrighted Materials apply to additional trademarks authorized after the agreement date?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.2 Franchisee acknowledges that Franchise granted hereunder is non-exclusive and that Franchisor and its Affiliates retain the exclusive right, among others:
- (a) to use, and to license others to use, the Marks and System for the operation of Roofing Businesses at any location other than in the Territory, regardless of proximity to the Territory;
- (b) to use, license or franchise the use of trademarks or service marks other than the Marks, whether in alternative channels of distribution or at any location including the Territory, in association with operations that are the same as, similar to or different than Roofing Business;
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, the franchise agreement grants Bumble Roofing and its affiliates the right to use, license, or franchise other trademarks or service marks beyond the existing Marks. This includes using these marks in any location, even within the franchisee's territory, and in association with businesses that are the same as, similar to, or different from the Bumble Roofing Business.
This provision means that Bumble Roofing retains considerable freedom to introduce new brands or variations of existing ones, even if they compete with the franchisee's business. The franchisee's rights are non-exclusive, and Bumble Roofing can utilize alternative channels of distribution or e-commerce using the Marks or other trademarks, regardless of the franchisee's territory.
For a prospective franchisee, this clause highlights a potential risk: Bumble Roofing could introduce competing brands or channels that draw customers away from the franchisee's business. It would be prudent for a potential franchisee to discuss with Bumble Roofing their plans for future brand development and how they intend to manage potential conflicts or competition between different brands or channels.