Is the Bumper Man franchisee allowed to use the Marks as the sole identification of the Bumper Business?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(b) Limitations on Franchisee's Use of Marks. Franchisee will use the Marks as the sole identification of the Bumper Business, except that Franchisee must identify itself as the independent owner thereof in the manner Franchisor prescribes. Franchisee may not use any Mark as part of any Entity name or with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than logos licensed to Franchisee hereunder), or in any modified form, nor may Franchisee use any Mark in connection with the performance of any unauthorized services or sale of any unauthorized products; as part of any domain name, electronic address, metatag, or otherwise on the Internet or in connection with any website (unless expressly authorized in writing by Franchisor); or in any other manner that Franchisor has not expressly authorized in writing. Franchisee will display the Marks in the manner Franchisor prescribes at the Bumper Business, on supplies or materials Franchisor designates, and in connection with forms and advertising and marketing materials. Franchisee's unauthorized use of Marks will be an Event of Default and an infringement of Franchisor's rights in and to Marks.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, a franchisee can use the Marks to identify their Bumper Business. However, the franchisee must also identify themselves as the independent owner of the business in a manner prescribed by Bumper Man.
Bumper Man franchisees are restricted from using any Mark as part of an Entity name or with any prefix, suffix, modifying words, terms, designs, or symbols, except for logos licensed to the franchisee. They also cannot use any Mark in a modified form or in connection with unauthorized services or products. Unless expressly authorized in writing by Bumper Man, franchisees are prohibited from using any Mark as part of a domain name, electronic address, metatag, or on the Internet or any website.
The FDD states that Bumper Man will prescribe how the Marks are displayed at the Bumper Business, on designated supplies or materials, and in connection with forms and advertising and marketing materials. Unauthorized use of the Marks by the franchisee constitutes an Event of Default and an infringement of Bumper Man's rights to the Marks.
In essence, while franchisees can use Bumper Man's Marks to identify their business, they must also clearly indicate their independent ownership and adhere strictly to Bumper Man's guidelines on Mark usage. This protects Bumper Man's brand identity and ensures consistent representation across all franchise locations.