What rights does Burger King grant to franchisees regarding the use of trademarks?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant you the right to operate under the name "BURGER KING" and to use our current trademarks in the operation of your Restaurant. By trademarks, we mean trade names, trade dress, trademarks, service marks and logos used to identify your Restaurant.
You must follow our rules when you use these trademarks. You cannot use the trademarks as part of a corporate, limited liability company or partnership name or with modifying words, designs or symbols. You may not use the trademarks in connection with the sale of any unauthorized products or services or in any manner not authorized in writing by us.
Upon termination or expiration of the Franchise Agreement, your right to use our marks will terminate and you may not thereafter identify yourself as a BURGER KING Franchisee or publicly identify yourself as a former "Burger King" Franchisee or use or disclose any of our trade secrets, promotional materials, marks or any mark confusingly similar.
Source: Item 13 — TRADEMARKS (FDD pages 74–77)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, franchisees are granted the right to operate their restaurant under the "BURGER KING" name and to utilize Burger King's current trademarks, including trade names, trade dress, service marks, and logos. However, this right is subject to several conditions and limitations. Franchisees must adhere to Burger King's rules regarding trademark usage and cannot use the trademarks as part of a corporate, limited liability company, or partnership name, or with any modifying words, designs, or symbols. Additionally, the trademarks cannot be used in connection with the sale of unauthorized products or services, or in any manner not explicitly authorized in writing by Burger King.
Burger King maintains a list of principal trademarks, which are registered with the United States Patent and Trademark Office (USPTO). These include trademarks such as "BK," "BURGER KING," "HAVE IT YOUR WAY," and "WHOPPER," along with various designs incorporating the Burger King name and hamburger imagery. Burger King states that all required renewals and affidavits for these principal trademarks have been or will be filed on a timely basis. Franchisees are obligated to promptly notify Burger King of any suspected infringement or challenges to these trademarks, and Burger King retains sole discretion over any resulting legal action.
Upon termination or expiration of the Franchise Agreement, the franchisee's right to use Burger King's trademarks immediately terminates. The franchisee is then prohibited from identifying themselves as a Burger King franchisee or a former franchisee, and from using or disclosing any of Burger King's trade secrets, promotional materials, or marks, including any mark that is confusingly similar. This underscores the importance of understanding the terms of the Franchise Agreement and the potential consequences of its termination, as the right to use the Burger King brand and associated trademarks is contingent upon maintaining a valid franchise agreement.