Can a Buona franchisee contest the validity of the Buona marks during or after the franchise term?

According to Buona's 2025 Franchise Disclosure Document, a franchisee is prohibited from contesting the validity of Buona's trademarks during the term of the franchise agreement and after its expiration or termination. The franchisee acknowledges Buona's prior and superior claim to the "Buona" trade name and agrees not to take any action that would undermine Buona's ownership of its marks. This includes directly or indirectly committing any act of infringement or assisting others in contesting the validity of the marks.

This provision is typical in franchise agreements, as the protection of the franchisor's trademarks is crucial for maintaining brand consistency and preventing consumer confusion. By agreeing not to contest the marks, the franchisee acknowledges the value and importance of Buona's brand identity. This obligation extends beyond the termination of the franchise agreement, ensuring that former franchisees do not challenge the brand's trademarks after leaving the system.

Buona also requires franchisees to assist in protecting the marks by executing documents and providing assistance deemed necessary by Buona to maintain the validity of the marks. Franchisees must also display their business name in conjunction with the phrase "an independent Buona Licensee" or "an independent Buona Franchisee" to clearly identify themselves as independent owners. This helps to avoid any confusion that they are part of the main Buona corporate entity. These measures are in place to protect the goodwill associated with the Buona brand and ensure consistent representation across all franchise locations.