What constitutes unauthorized use of the Marks by a Buns On Fire franchisee?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
hat of any other business, and the trademarks, service marks, trade names, logos and commercial symbols as may be designated by the Franchisor from time to time for use in connection with the System.
3.2 Authorized Use of Marks
Franchisee is authorized to use the Marks, goodwill and trade secrets in the operation of the
Franchised Business only at the approved location. Nothing in this Agreement shall be construed as authorizing or permitting their use at any other location or for any other purpose except as may be authorized in writing by Franchisor. Franchisee understands and agrees that the limited license to use the Marks granted hereby applies only to such proprietary marks as are designated by Franchisor, and which are not subsequently designated by Franchisor as being withdrawn from use, together with those which may hereafter be designated by Franchisor in writing. Franchisee expressly understands and agrees that he/she is bound not to represent in any manner that he/she has acquired any ownership or equitable rights in any of the Marks by virtue of the limited license granted hereunder, or by virtue of Franchisee's use of any of the Marks.
3.3 Ownership of Marks
Franchisee acknowledges that the ownership of all of the Marks, goodwill, and trade secrets remains solely with the licensor of Franchisor or the Franchisor and that Franchisee shall not register or attempt to register the Marks or to assert any rights in them other than as specifically granted in this Agreement.
3.4 Additional Rights
At Franchisor's request, Franchisee shall assign, transfer or convey to Franchisor, in writing, all additional rights, if any, that may be acquired by Franchisee as a result of its use of Marks.
3.5 Rights to Use Marks
Franchisee shall only use the Marks, logos, trade styles, color combinations, designs, signs, symbols and slogans of Franchisor, and only in the manner and to the extent specifically permitted by this Agreement or in any manuals, directives or memos (hereinafter collectively referred to as "Confidential Operations Manuals") prepared by Franchisor. Franchisee shall not use any confusingly similar Marks in connection with its franchise or any other business in which it has an interest.
3.6 Approval of Items Using the Marks
Franchisor reserves the right to approve at the sole discretion of the Franchisor, any and all signs, memos, stationery, business cards, advertising material forms and all other objects and supplies using the Marks. All advertising, publicity, point of sale materials, signs, decorations, furnishings, equipment, or other materials employing the words "Buns on Fire" shall be in accordance with this Agreement and the Confidential Operations Manuals, and Franchisee shall obtain Franchisor's approval prior to such use.
3.7 Modification of Marks
If it becomes advisable at any time, in the sole discretion of Franchisor, to modify or discontinue use of any Mark and/or to adopt or use one or more additional or substitute proprietary marks, then Franchisee shall be obligated to comply with any such instruction by Franchisor. In such events and in the Franchisor's direction, Franchisee shall adopt, use and display only such new or modified Marks and shall
promptly discontinue the use and display of outmoded or superseded marks, at Franchisee's expense. Franchisee waives any other claim arising from or relating to any proprietary mark change, modification or substitution.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, a franchisee's use of the Marks is authorized only at the approved location. Using the Marks at any other location or for any purpose not explicitly authorized in writing by Buns On Fire is considered unauthorized. The license granted to use the Marks applies only to those proprietary marks designated by Buns On Fire and not subsequently withdrawn.
A Buns On Fire franchisee cannot represent that they have acquired any ownership or equitable rights in any of the Marks through their license or use. Franchisees are required to conduct business and advertising using only the Marks designated by Buns On Fire and are prohibited from using any other name. They cannot use the Marks or the words "Buns on Fire," or anything confusingly similar, as part of their corporate or legal name, or in association with any business entity, bank account, trade account, email address, domain name, or social media accounts.
Franchisees must use Buns On Fire's marks, logos, trade styles, color combinations, designs, signs, symbols, and slogans only as permitted in the Franchise Agreement or the Confidential Operations Manuals. They are prohibited from using any confusingly similar marks in connection with their franchise or any other business. Buns On Fire retains the right to approve all items using the Marks, including signs, memos, stationery, and advertising materials.
Upon termination of the franchise agreement, the franchisee must immediately cease all use of the Marks and any similar names or marks associating them with the Buns On Fire system. They must also remove all signs and materials containing the Marks and take steps to eliminate "Buns on Fire" from their corporate or partnership name, if applicable. Failure to comply with these restrictions constitutes unauthorized use of the Marks.