Can Bumble Roofing use trademarks other than the Marks within the franchisee's Territory?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
Affiliates and does not grant rights to Franchisee to pursue any of Franchisor's or its Affiliates other business concepts other than the Roofing Business.
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;
(c) to use the Marks and the System in connection with the provision of other services and products or in alternative channels of distribution such as those described in 4.2(d), at any location including the Territory;
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, Bumble Roofing and its affiliates retain the right 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 franchisee's territory, in association with operations that are the same as, similar to, or different than the Roofing Business. This means that Bumble Roofing can operate or allow others to operate businesses, even within a franchisee's territory, that may be similar to the franchisee's Bumble Roofing business but operate under a different brand or trademark.
This could create competition for the franchisee within their own territory if Bumble Roofing decides to introduce another brand or license another company to operate a similar business nearby. The franchisee's agreement grants them a territory where other Bumble Roofing franchises using the same marks will not be established, but it does not prevent Bumble Roofing from using different trademarks or service marks to operate similar businesses in the same area.
Furthermore, Bumble Roofing retains the right to use the Marks and the System in connection with the provision of other services and products or in alternative channels of distribution at any location including the Territory. They can also offer services or products, or grant others the right to offer them, whether using the Marks or other trademarks or service marks, through alternative channels of distribution, including wholesalers, retail outlets, Internet commerce, or mail order, whether inside or outside the Territory. This wide latitude gives Bumble Roofing significant control over branding and distribution strategies, potentially impacting individual franchisees.