Can a Buns On Fire franchisee use the Marks at a location other than the approved location?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
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proprietary marks as are designated by Franchisor, and which are not subsequently designated by Franchisor as being withdrawn from use, together with those which may hereafter be designated by Franchisor in writing.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.
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 is authorized to use the Marks, goodwill, and trade secrets only at the approved location. The agreement explicitly states that the use of Marks is not permitted at any other location unless authorized in writing by Buns On Fire. This limited license applies only to proprietary marks designated by Buns On Fire and not subsequently withdrawn. The franchisee acknowledges that they do not acquire any ownership rights in the Marks through this license.
This restriction ensures that the Buns On Fire brand maintains consistent quality and representation across all its franchised locations. Unauthorized use of the Marks could lead to brand confusion or damage the brand's reputation, which Buns On Fire seeks to prevent through this clause. Franchisees must adhere strictly to the approved location for all business operations involving the Buns On Fire Marks.
If a franchisee wishes to relocate, they must seek written approval from Buns On Fire. As part of the relocation process, the franchisee is responsible for removing all signs, fixtures, and materials displaying Buns On Fire's Marks from the original location. The franchisee must also modify the original premises to clearly distinguish it from other Buns On Fire restaurants to avoid public confusion. Failure to comply with these requirements can result in Buns On Fire revoking permission for relocation and declaring a default under the franchise agreement.