According to the Buona franchise agreement, where is the use of the Marks limited to?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
. Franchisee is responsible to obtain any required consents from its owners and management employees as may be necessary for it to comply with these provisions.
V. PROPRIETARY MARKS AND SYSTEM
- 5.1 Marks. It is understood and agreed that the license granted under this Agreement to use the Marks applies only to use in connection with the operation of the Franchised Business at the Approved Location set forth on Exhibit A, and includes only the Marks as are now designated or which may hereafter be designated, and does not include any other mark, name, or indicia of origin of Franchisor now existing or which may hereafter be adopted or acquired by Franchisor.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the license granted to a franchisee to use the Marks applies specifically to the operation of the Franchised Business at the Approved Location, as detailed in Exhibit A of the franchise agreement. This license includes only the Marks that are currently designated or may be designated in the future by Buona. It does not extend to any other marks, names, or indicia of origin that Buona currently has or may adopt or acquire later.
This means a franchisee's use of Buona's trademarks, service marks, logos, and other identifying symbols is restricted to the physical location approved in their franchise agreement. The franchisee cannot use these Marks for any other business or at any other location without explicit permission from Buona. This restriction ensures that the brand's identity and reputation are consistently managed and protected across all franchise locations.
Furthermore, the franchisee acknowledges that they do not acquire any ownership or title to the Marks, other than the right to use them in compliance with the franchise agreement. Any unauthorized use of the Marks outside the scope of the agreement is considered an infringement. This underscores the importance of adhering to the terms of the franchise agreement regarding branding and marketing to avoid potential legal issues with Buona.