Where does the right to use the Burneys Sweets More trademarks come from?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Your right to use the Marks is derived solely from Franchise Agreements entered into between you and us for the purpose of operating a BURNEY'S SWEETS & MORE business. You must follow our rules and regulations with respect to the use of the Marks. You may not use any Mark in connection with any business or activity, other than the business conducted by you pursuant to franchise agreements entered into between you and us, or in any other manner not explicitly authorized in writing by us. You cannot use any of the Marks or any other marks, names, or indicia of origin that are or may be confusingly similar to the Marks as part of a corporate name or other legal name. All usage of the Marks by you and any goodwill established from this usage is to our exclusive benefit. After the termination, expiration, or non-renewal of the Franchise Agreement, you may not, except with respect to businesses operated by you according to Franchise Agreements granted by us, at any time or in any manner identify yourself or any business as a franchisee or former franchisee of, or otherwise associated with, us or use in any manner or for any purpose any Mark or other distinguishing signs of our Shops or any colorable imitation of same.
Source: Item 13 — TRADEMARKS (FDD pages 35–37)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, a franchisee's right to use the Burneys Sweets More trademarks is derived solely from the Franchise Agreements entered into with the franchisor for the purpose of operating a Burneys Sweets More business. Franchisees must adhere to the franchisor's rules and regulations regarding the use of these marks.
The agreement strictly limits the franchisee's usage of the trademarks. Franchisees cannot use the trademarks in connection with any business or activity outside of what is explicitly authorized by Burneys Sweets More in writing, nor can they use marks that are confusingly similar to the Burneys Sweets More trademarks as part of a corporate or legal name. All goodwill established through the franchisee's use of the marks benefits Burneys Sweets More exclusively.
Upon termination, expiration, or non-renewal of the Franchise Agreement, the franchisee loses all rights to use the trademarks. The franchisee cannot identify themselves as a current or former Burneys Sweets More franchisee or use any distinguishing signs of the shops, except for businesses they operate under a current Burneys Sweets More Franchise Agreement. This ensures that the trademarks remain under the control of Burneys Sweets More and prevents any potential misuse or confusion after the franchise relationship ends.