Does Buona require franchisees to cooperate with displaying Franchisor's franchising information?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Franchisee shall not hold out or otherwise use the Marks to perform any activity or incur any obligation or indebtedness in such manner as might, in any way, make Franchisor liable therefore, without Franchisor's prior written consent; and
- (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.
- 5.4 Franchisee's Business Name. Franchisee acknowledges that between Franchisor and Franchisee, Franchisor has a prior and superior claim to the "Buona" trade name and "The Original Rainbow Cone" trade name. Franchisee shall not use the words "Buona", "Buona Beef" or any combination thereof, or the words "The Original Rainbow Cone," "Rainbow Cone" or any combination thereof in the legal name of its corporation, limited liability company, partnership, or any other business entity used in conducting the Franchised Business. Franchisee also agrees not to register or attempt to register a trade name using the Marks in Franchisee's name or that of any other person or business entity, without the prior written consent of Franchisor. Franchisee shall not identify itself in connection with the Marks or as being associated with Franchisor or its Affiliates in any manner other than as a franchisee or licensee. Franchisee shall, in all advertising and promotion and promotional materials, display its business name only in obvious conjunction with the phrase "an independent Buona/The Original Rainbow Franchisee" or with other words and in other phrases so as to identify itself as an independent owner of the Franchised Business, or as otherwise may be required in the Manuals.
- 5.5 Signage.
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, franchisees must display specific information to indicate their independent ownership. Buona requires franchisees to display a standard sign in the Franchised Business, as specified by Buona, indicating to the public that the Franchised Business is independently owned and operated as a franchisee or licensee of the System.
In all advertising and promotional materials, franchisees must display their business name in conjunction with the phrase "an independent Buona Licensee" or "an independent Buona Franchisee," or with other words and phrases to identify themselves as an independent owner. This requirement ensures customers understand that the location is independently owned while still operating under the Buona brand.
Franchisees are also required to execute documents and provide assistance necessary for Buona to protect and maintain the validity of its Marks. This includes using the Marks licensed under the agreement solely in the manner prescribed by Buona and observing reasonable requirements regarding trademark registration notices as directed in the Manual or in writing. Buona, or its agents, have the right to inspect the franchisee's operations, business premises, and the Franchised Business at all reasonable times to ensure proper use of the Marks. Franchisees must cooperate with these inspections and provide any reasonably requested assistance.