Where does a Buns On Fire franchisee's right to use the Proprietary Marks come from?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
Your right to use the Proprietary Marks is derived solely from the Franchise Agreement and is limited to your development and/or operation of the Franchise Business in compliance with the applicable agreement and all applicable standards, specifications and operating procedures we prescribe during the term of the applicable agreement. Any unauthorized use of the Proprietary Marks by you constitutes a breach of the applicable agreement and an infringement of our rights in and to the Proprietary Marks. Your use of the Proprietary Marks and any goodwill established by this use will inure to our exclusive benefit. The Franchise Agreement confers no goodwill or other interests in the Proprietary Marks on you. All provisions of the Franchise Agreement applicable to the Proprietary Marks will apply to any other trademarks, service marks, commercial symbols and trade dress we authorize in writing for use by and licensed to you after you sign the applicable agreement.
Source: Item 13 — TRADEMARKS (FDD pages 35–37)
What This Means (2025 FDD)
According to Buns On Fire's 2025 Franchise Disclosure Document, a franchisee's right to use the Proprietary Marks is derived solely from the Franchise Agreement. This right is specifically limited to the development and operation of the franchise business. Franchisees must comply with the agreement and all standards, specifications, and operating procedures prescribed by Buns On Fire during the term of the agreement. Any unauthorized use of the Proprietary Marks constitutes a breach of the agreement and an infringement of Buns On Fire's rights.
This means that as a Buns On Fire franchisee, your ability to legally use the brand's trademarks, such as "BUNS ON FIRE", is entirely dependent on maintaining a valid Franchise Agreement and adhering to Buns On Fire's operational guidelines. The Franchise Agreement confers no goodwill or other interests in the Proprietary Marks on you. You cannot use the trademarks in any way that is not explicitly authorized by Buns On Fire, and all goodwill generated through the use of the marks benefits Buns On Fire exclusively.
Buns On Fire also licenses the right to use Proprietary Marks from SMYA Ventures LLC, the Licensor. The Licensor authorizes Buns On Fire to use the Marks in connection with the offer, sale, and support of Franchise Businesses. The License Agreement does not contain any significant limitations on Buns On Fire's right to use or license the Marks to franchisees and may be terminated unilaterally by either party upon a material breach of the License Agreement. If the License Agreement is terminated, Buns On Fire must immediately discontinue the use of the Marks.