Is a Bumper Man franchisee allowed to use the marks in any manner they choose?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
You may use only the Marks that we designate, must use them only in the manner that we authorize and permit, and must use them with the symbols, "®", "™", or "SM", as appropriate. You may use the Marks only in connection with the operation and promotion of your Bumper Business, and only in the manner we prescribe. You may not use any of the Marks as part of your corporate or other name. You must also follow our instructions for identifying yourself as a franchisee and for filing and maintaining the requisite trade name or fictitious name registrations. You must sign any documents we or our counsel determine are necessary to obtain protection for the Marks or to maintain their continued validity and enforceability. Neither you nor your principals may take any action that would
prejudice or interfere with the validity of our rights with respect to the Marks and may not contest the validity of our interest in the Marks or assist others to do so.
You may not use the Marks or any part or derivative of the Marks on the Internet, except as expressly permitted in writing. This prohibition includes use of the Marks or any derivative of the Marks as part of any URL or domain name, including any gaming website, social networking website, mobile application or marketing/discounting website; as part of any user name; or as part of any email address unless expressly approved by us in writing.
We have the right to substitute different trade names, service marks, trademarks, and indicia of origin for the Marks if the Marks can no longer be used, or if we determine that the substitution will be beneficial to the Bumper Man system. If we do, we may require you to discontinue or modify your use of any Mark or use one or more additional or substitute Marks; provided, if you incur costs associated with the use of additional or substitute Marks, then we will reimburse you for your reasonable out-of-pocket costs.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, franchisees are explicitly restricted in how they can use the brand's trademarks. Bumper Man franchisees may only use designated marks in authorized manners, accompanied by the appropriate symbols (®), (™), or (SM). The marks can only be used in connection with the operation and promotion of the Bumper Man business as prescribed by the franchisor.
The FDD emphasizes that franchisees cannot use any of the Bumper Man marks as part of their corporate or other business name. Franchisees must adhere to Bumper Man's instructions for identifying themselves as a franchisee and for trade name or fictitious name registrations. Furthermore, franchisees must sign documents deemed necessary by Bumper Man or its counsel to protect the marks. Franchisees are prohibited from taking any actions that could harm the validity of Bumper Man's rights to the marks or contesting the validity of Bumper Man's interest in the marks.
Bumper Man franchisees face restrictions on using the marks on the Internet, unless expressly permitted in writing. This includes prohibitions on using the marks or derivatives in URLs, domain names, gaming websites, social networking sites, mobile applications, marketing/discounting websites, usernames, or email addresses without written approval. Bumper Man retains the right to substitute different trade names, service marks, and trademarks if the current marks become unusable or if the substitution benefits the Bumper Man system. If Bumper Man requires franchisees to use additional or substitute marks, they will reimburse franchisees for reasonable out-of-pocket costs associated with the change.
These stipulations are typical in franchising, as franchisors need to protect their brand identity and ensure consistent representation across all franchise locations. A prospective Bumper Man franchisee should carefully review these trademark usage guidelines to fully understand the limitations and obligations involved in using the Bumper Man brand.