Under the Buona agreement, does the agreement itself grant the right to use the Marks?

According to Buona's 2025 Franchise Disclosure Document, the agreement itself does not grant the franchisee the right to use the Marks. Instead, the right to use the Marks is granted under the individual franchise agreements executed in connection with the agreement. The franchisee is prohibited from using the Marks, or any confusingly similar name, as part of their business entity name.

Buona retains ownership and control of its System, including operational methods, food preparation, marketing, and advertising. Any improvements or additions to the System conceived or developed by the franchisee become the property of Buona. The license granted to use the Marks applies only to the operation of the franchised business at the approved location and includes only the designated Marks.

The franchisee acknowledges that using the Marks outside the scope of the agreement without Buona's written consent infringes on Buona's exclusive rights. The franchisee must notify Buona of any suspected infringement or challenges to the validity of the Marks. Buona has the right to determine whether to take action regarding any infringement and may prosecute such action in its own name, with the franchisee's cooperation.

This distinction is important for prospective franchisees as it clarifies that the right to use Buona's trademarks and brand identity is specifically tied to the individual franchise agreement, not the overarching agreement. Franchisees must ensure they understand the terms and conditions of their franchise agreement regarding the use of the Marks to avoid potential legal issues.