What assistance is a Buona franchisee required to provide to help the franchisor protect the Marks?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
(d) Franchisee shall execute any documents and provide such other assistance deemed necessary by Franchisor or its counsel to obtain protection for the Marks or to maintain the continued validity of the Marks.
(c) To observe such reasonable requirements with respect to trademark registration notices as Franchisor may from time to time direct in the Manuals or otherwise in writing.
5.11 Inspections.
In order to preserve the validity and integrity of the Marks and to assure that Franchisee is properly employing the same in the operation of the Franchised Business, Franchisor or its agents shall at all reasonable times have the right to inspect Franchisee's operations, business premises and the Franchised Business and to make periodic evaluations of the services provided and the products sold and used therein.
Franchisee shall cooperate with Franchisor's representatives in such inspections and render such assistance to the representatives as may reasonably be requested.
- 5.12 Change of Marks.
If Franchisor, in its sole discretion, shall determine it necessary to modify or discontinue use of any Mark, or to develop additional or substitute marks, Franchisee shall, within a reasonable time after receipt of written notice of a modification or discontinuation from Franchisor, take such action, at Franchisee's sole expense, as may be necessary to comply with the modification, discontinuation, addition or substitution.
- 5.13 Consents to Use of Marks.
Franchisee additionally agrees to execute all additional documents and assurances in connection with the use of the Marks as reasonably requested by Franchisor and/or Franchisor's affiliate and agrees to fully cooperate with Franchisor or Franchisor's affiliate in securing all necessary and required consents of any state agency or legal authority to the use of the Marks or any other name that is or becomes a part of the System.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, franchisees have specific obligations to assist in protecting the brand's trademarks. Buona requires franchisees to execute documents and provide assistance that Buona or its counsel deems necessary to protect or maintain the validity of the Marks. Franchisees must also adhere to trademark registration requirements as directed in the manuals or in writing.
To ensure consistent brand representation, Buona franchisees must allow inspections by Buona or its agents at reasonable times to evaluate services and products. Franchisees are expected to cooperate with these inspections and provide assistance as needed. If Buona decides to modify or discontinue a Mark, franchisees must comply with these changes at their own expense within a reasonable timeframe after receiving written notice.
Additionally, Buona franchisees must agree to execute documents and assurances related to the use of the Marks as requested by Buona or its affiliates. They must also cooperate in securing necessary consents from state agencies or legal authorities for using the Marks or any name that becomes part of the Buona system. These measures ensure that Buona maintains control over its brand identity and can adapt to changing market conditions while protecting its trademarks.