How prominently must a Buns On Fire franchisee display the Proprietary Marks?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use the Proprietary Marks as the sole trade identification of the Franchise Business and must identify yourself in the form we prescribe as the independent owner of the Franchise Business. Unless authorized by us in writing, You may not use any Proprietary Mark or variation thereof as part of any corporate or trade name or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form. You may not use any Proprietary Mark in any manner we have not expressly authorized in writing. You must display the Proprietary Marks prominently in the manner we prescribe. You must give notices of trademark and service mark registrations that we specify and obtain business name registrations as required under applicable law.
Source: Item 13 — TRADEMARKS (FDD pages 35–37)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, franchisees must display the Proprietary Marks prominently. However, the FDD does not specify exactly how "prominently" the marks must be displayed. Instead, Buns On Fire prescribes the specific manner of display. The franchisee must also use the Proprietary Marks as the sole trade identification of the Franchise Business and identify themselves as the independent owner of the Franchise Business in a form prescribed by Buns On Fire. Unless authorized in writing by Buns On Fire, franchisees cannot use any Proprietary Mark or variation of it as part of any corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form. Franchisees may not use any Proprietary Mark in any manner Buns On Fire has not expressly authorized in writing.
These stipulations are typical in franchising, as franchisors like Buns On Fire need to maintain consistent branding and prevent any unauthorized use of their trademarks. This protects the brand's image and reputation. Franchisees must also give notices of trademark and service mark registrations that Buns On Fire specifies and obtain business name registrations as required under applicable law.
It is important for prospective Buns On Fire franchisees to understand that any unauthorized use of the Proprietary Marks constitutes a breach of the Franchise Agreement and an infringement of Buns On Fire's rights. The franchisee's use of the Proprietary Marks and any goodwill established by this use will inure to Buns On Fire's exclusive benefit, meaning the franchisee will not gain any ownership or rights to the trademarks themselves. If it becomes advisable for the franchisee to modify or discontinue the use of any Proprietary Mark, they must immediately comply with Buns On Fire's directions. Neither Buns On Fire nor its affiliates are obligated to reimburse the franchisee for any expenditure made in connection with any discontinuance or modification.
Because the FDD does not provide explicit details on how Buns On Fire prescribes the display of its marks, prospective franchisees should ask Buns On Fire for examples or guidelines of how the Proprietary Marks should be displayed to ensure compliance with the Franchise Agreement.