Can a Bumper Man franchisee use any Mark in any modified form?
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, franchisees have strict limitations on how they can use the Bumper Man Marks. Franchisees must use the Marks as the sole identification of their Bumper Business, and they must identify themselves as the independent owner in a manner prescribed by Bumper Man. This means franchisees cannot present the business as anything other than a Bumper Man franchise owned by them.
The FDD explicitly states that franchisees cannot use any Mark as part of any entity name or with any prefix, suffix, or other modifying words, terms, designs, or symbols, except for logos licensed to the franchisee. They also cannot use any Mark in a modified form. This restriction extends to unauthorized services or products, domain names, electronic addresses, metatags, or websites unless expressly authorized in writing by Bumper Man. Franchisees must display the Marks in the manner prescribed by Bumper Man 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 a Bumper Man franchisee constitutes an event of default under the Franchise Agreement and an infringement of Bumper Man's rights. This means that if a franchisee violates these rules, Bumper Man can take action, potentially leading to termination of the franchise agreement. These restrictions are typical in franchising, as franchisors need to protect their brand identity and ensure consistent representation across all franchise locations.