What are the rules Burger King franchisees must follow when using Burger King trademarks?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
| Trademark/Service Mark | Status | Serial / Registration Number | Application / Registration Date |
|---|---|---|---|
| HAVE IT YOUR WAY | Registered | Reg. 961016 | Reg. 06/12/1973 |
| HAVE IT YOUR WAY (Stylized) | Registered | Reg. 1081348 | Reg. 01/03/1978 |
| HOME OF THE WHOPPER | Registered | Reg. 782990 | Reg. 01/05/1965 |
| KING JR | Registered | Reg. 5392316 | Reg. 01/30/2018 |
| WHOPPER | Registered | Reg. 3736973 | Reg. 01/12/2010 |
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.
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the Trademark Administrator of any state or any court relating to the principal trademarks. There are no pending infringement, opposition or cancellation proceedings or material litigation involving the principal trademarks. Under a final decree in a lawsuit with a prior user of the name "BURGER KING," the mark "BURGER KING" may not be used by us within a 20-mile radius of Mattoon, Illinois. Other than this decree, there are no agreements currently in effect that significantly limit our right to use or license the use of the principal trademarks in any manner material to you. We do not know of any superior prior rights or infringing uses that could materially affect your use of the principal trademarks in any state.
You must promptly notify us of any suspected infringement of or challenge to our trademarks. We have sole discretion in deciding what action, if any, should be taken and the sole right to control any administrative proceedings or litigation involving our trademarks and will decide whether to pursue any suspected infringer. If we defend or commence litigation relating to the trademarks, you must sign documents and do what our counsel believes is necessary to carry out the defense or prosecution. Unless the litigation arises as a result of your use of the trademarks in a manner inconsistent with the Franchise Agreement, we will reimburse you for your out-of-pocket costs in doing these things (except that you will still bear the salary costs of your employees and any of your attorneys). Otherwise, we are not obligated by the Franchise Agreement or any other agreement, to defend the rights granted to you to use the trademarks or to defend you against claims of infringement or unfair competition. Nevertheless, it is ordinarily in our best interest to do so.
Source: Item 13 — TRADEMARKS (FDD pages 74–77)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, franchisees must adhere to specific rules when using Burger King's trademarks. Franchisees cannot incorporate the trademarks into their corporate, limited liability company, or partnership names, nor can they use modifying words, designs, or symbols in conjunction with the trademarks. The trademarks cannot be used to sell unauthorized products or services or in any way not explicitly authorized in writing by Burger King.
Burger King franchisees must also notify Burger King of any suspected infringement or challenges to the trademarks. Burger King retains sole discretion in deciding what action to take regarding infringements and controls any related administrative proceedings or litigation. Franchisees are required to sign documents and assist in the defense or prosecution of trademark-related litigation as directed by Burger King's counsel. Franchisees will be reimbursed for out-of-pocket costs, excluding employee salaries and attorney fees, unless the litigation arises from the franchisee's inconsistent use of the trademarks.
If local laws require franchisees to file an affidavit for doing business under an assumed name, they must indicate that the filing is made "as a franchisee of Burger King Company LLC, Miami, Florida". Furthermore, if Burger King modifies or discontinues a trademark due to litigation or develops substitute trademarks, franchisees must immediately switch to the new marks upon notification, without any obligation for Burger King to reimburse resulting expenses. Upon termination or expiration of the Franchise Agreement, the franchisee’s right to use Burger King's trademarks ceases, and they cannot identify themselves as a Burger King franchisee or use any confusingly similar marks.