What designation must be included on all materials containing the Marks for a Buns On Fire franchise?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
le, paying a pro rata share of the cost of yellow pages advertising (or equivalent) placed on behalf of Franchisee and other Buns on Fire restaurants. Franchisee may not solicit business through the use of an 800 (or other toll-free) number, direct mail, internet advertising or other advertising method without Franchisor's prior written consent.
9.3 Franchisor Must Approve Advertising Materials
Franchisee must submit to Franchisor, for its approval, all materials to be used for local advertising, unless they have been approved before or they consist only of materials Franchisor provided. All materials containing the Marks must include the designation trademark ™, registered trademark ®, service mark SM, copyright ©, as applicable, or any other designation Franchisor specifies. If Franchisee does not receive written or oral disapproval of any materials submitted within fifteen (15) days from the date Franchisor receives the materials, the materials are disapproved. Any materials submitted to Franchisor for its approval will become Franchisor's property, and there will be no restriction on Franchisor's use of such materials. Franchisor may require Franchisee to withdraw and/or discontinue the use of any promotional materials or advertising, even if previously approved. Franchisor must make this requirement in writing, and Franchisee has five (5) days after receipt of Franchisor's notice to withdraw and/or discontinue use of the materials or advertising. Franchisee's submission of advertising for approval does not affect his/her right to determine the prices at which Franchisee sells his/her services or products. Franchisee must include in any significant display advertisements, and in marketing materials for the Franchised Business, in conformance with standards in the Confidential Operations Manual, a notice that the Franchised Business is individually owned and operated.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, all materials containing the Marks must include the designation trademark ™, registered trademark ®, service mark SM, copyright ©, as applicable, or any other designation Buns On Fire specifies. This requirement applies to all local advertising materials used by the franchisee, unless the materials have been previously approved by Buns On Fire or consist only of materials that Buns On Fire provided.
This means that a Buns On Fire franchisee needs to ensure that all their advertising and promotional materials, whether printed or digital, include the correct trademark, service mark, or copyright symbol as instructed by Buns On Fire. This is to protect the Buns On Fire brand and ensure that the franchisee is not infringing on any intellectual property rights. The franchisee must submit all local advertising materials to Buns On Fire for approval, and failure to do so could result in disapproval of the materials.
Buns On Fire retains the right to require a franchisee to withdraw or discontinue the use of any promotional materials or advertising, even if previously approved. The franchisee has five days after receiving written notice to comply. This highlights the importance of franchisees working closely with Buns On Fire to ensure all advertising and marketing efforts align with the brand's standards and legal requirements. Franchisees also need to include a notice in any significant display advertisements and marketing materials that the Franchised Business is individually owned and operated.
To maintain the integrity of the Marks, Buns On Fire has the right to inspect the franchisee's business, financial books and records, and operations at all reasonable times. The franchisee must cooperate with and assist Buns On Fire's representative in such inspections. Buns On Fire will inform the Franchisee about which symbol (SM, ™ or ®) to use at their sole discretion.