Does Buona grant franchisees the exclusive right to use its trademarks?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
tandards for protected areas granted to franchisees under this Disclosure Document.
ITEM 13 TRADEMARKS
We grant you the non-exclusive right and obligation to use the Marks under your Franchise Agreement. You may also use other current or future trademarks to operate your Buona Business as we designate from time to time. Our affiliate The Buona Companies, L.L.C. owns and is using the Marks in connection with Buona Businesses and has granted a license to us to use and sublicense the use of the Marks to our franchisees. The Buona Companies, L.L.C. has applied for and/or obtained a registration for the Marks on the Principal Register of the United States Patent and Trademark Office (the "USPTO"):
| Mark | Registration Date | Registration Number | |
|---|---|---|---|
| BUONA CATERING | December 9, 2003; renewed December 14, 2013 | 2790961 | |
| BUONA1 | April 6, 2004; renewed April 3, 2014 | 2829484 | |
| Mark | Registration | Registration | |
| Date | Number | ||
| BUONA BEEF | July 6, 2004; renewed August 3, 2014 | 2859546 | |
| BUONA SALADS SANDWICHES PIZZA | March 27, 2007; renewed May 25, 2017 | 3221609 | |
| BUONA-FIED | February 24, 2009; renewed September 29, 2020 | 3578520 | |
| December 19, 2017 | 5360143 | 1 Registration for Italian style roast beef and Italian style sausage and restaurant and catering services. |
In addition, our affiliate has a registration on the Supplemental Register of the USPTO for the mark "The Original Italian Beef" which was issued on April 12, 2016, Registration no. 4938814.
Our affiliate will file all required affidavits necessary to maintain these registrations.
The additional Marks that will be used by you if you are purchasing a franchise for a Dual Brand Business are disclosed in Five Flavors' Franchise Disclosure Document.
There is currently no pending material federal or state court litigation regarding our use or ownership rights in any of our Marks. There are no effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, and no pending infringement, opposition, or cancellation proceedings or material litigation involving the Marks. Before you sign the Franchise Agreement, you should investigate independently whether your use of the Marks in your area might infringe on the rights of any third party, particularly in your intended area of operation.
We have been granted the right to license the Marks and System to our franchisees by a License Agreement between us and our affiliate The Buona Companies L.L.C. dated May 13, 2021. Our License Agreement with The Buona Companies L.L.C. does not materially limit our rights to use or to license our franchisees to use the Marks and System. The agreement is for an initial term of 20 years with successive 5-year automatic renewal
options. The agreement includes quality control provisions for the protection of the licensor's trademark rights. The agreement may be terminated by The Buona Companies L.L.C. only for good cause due to a breach by us without cure, change in ownership of us of more than 20%, or our filing bankruptcy, becoming insolvent or being subject to the appointment of a receiver or trustee.
No other agreement significantly limits our right to use or license the Marks in a manner material to your Buona Business.
You must follow our rules, guidelines and requirements when using the Marks. You cannot use our name or the Marks as part of a corporate name or with modifying words, designs, or symbols unless you receive our prior written consent, which we may withhold in our sole discretion. You must indicate to the public in any contract, advertisement and with a conspicuous sign in your Buona Business that you are an independently owned and operated licensed franchisee of ours. You may not use the Marks in the sale of unauthorized services or products or in any manner we do not authorize. All rights and goodwill from the use of the Marks accrue to us.
We have the sole right to control use of the Marks on all websites, social media, digital marketing and mobile applications.
If it becomes necessary or advisable at any time, in our sole discretion, for us and/or you to modify or discontinue using any Mark and/or use one or more additional or substitute trademarks or service marks, you must comply with our directions within a reasonable time after receiving notice.
Source: Item 13 — TRADEMARKS (FDD pages 48–50)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, Buona grants franchisees a non-exclusive right to use its trademarks. This means that Buona retains the right to license the same trademarks to other franchisees or even use them themselves. The trademarks, referred to as the 'Marks,' are owned by The Buona Companies, L.L.C., an affiliate of Buona, which has granted Buona a license to sublicense the use of the Marks to its franchisees.
Several of Buona's trademarks are registered with the United States Patent and Trademark Office (USPTO). These include 'BUONA CATERING,' 'BUONA1,' 'BUONA BEEF,' 'BUONA SALADS SANDWICHES PIZZA,' and 'BUONA-FIED.' Additionally, The Buona Companies, L.L.C. has a registration on the Supplemental Register of the USPTO for 'The Original Italian Beef.' Buona also states that it will ensure that all necessary actions are taken to maintain these registrations.
As a franchisee, you must adhere to Buona's rules and guidelines when using the Marks. You cannot use Buona's name or the Marks as part of a corporate name or with modifying words, designs, or symbols without prior written consent. Franchisees must also indicate in contracts, advertisements, and with a conspicuous sign that they are independently owned and operated licensed franchisees. Buona retains control over the use of the Marks on websites, social media, digital marketing, and mobile applications. If Buona decides to modify or discontinue any Mark, franchisees must comply with these changes, but Buona will not reimburse franchisees for any expenses related to these changes.
Buona will defend franchisees against claims alleging infringement of intellectual property rights, provided the franchisee is in compliance with the Franchise Agreement. Franchisees must notify Buona immediately of any infringing or challenging use of the Marks. Buona has the sole discretion to take action regarding any litigation or administrative proceeding involving the Marks. Under the Area Development Agreement, developers are not granted the right to use the Marks until they enter into a Franchise Agreement.