What form must the notice indicating a Burros Fries franchise be in?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Names and Marks only in connection with the operation of the Business and in advertising for the Business conducted at or from the Franchisee's web page and Accepted Location;
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- Franchisee shall use and display, as we may require in the operation of the Business, a notice in the form approved by us indicating that Franchisee is a "Franchise of Burros & Fries" and that the Names and Marks are used by Franchisee under such Franchise. Franchisee must indicate to third parties that it is "independently owned and operated" and that we own the Marks and Franchisee uses them under a license;
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- Unless otherwise authorized or required by us, Franchisee shall operate and advertise the Business under the Name and Mark "Burros & Fries";
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- Franchisee's right to use the Names and Marks is limited to such usages as are authorized under this Agreement, and any unauthorized use shall constitute an infringement of our rights and a material breach of this Agreement;
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Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees must display a notice indicating they are a "Franchise of Burros & Fries" and that the Names and Marks are used under such Franchise. The specific form of this notice must be approved by Burros Fries.
Burros Fries also requires franchisees to indicate to third parties that the business is "independently owned and operated" and that Burros Fries owns the Marks, which the franchisee uses under a license. This dual messaging ensures customers understand they are dealing with a franchise location while also recognizing Burros Fries's brand ownership.
Furthermore, franchisees must obtain Burros Fries's approval for any printed material bearing the Names or Marks, unless Burros Fries supplied the item. Burros Fries has 30 days to approve or deny a franchisee's request, and failure to respond within this period results in the request being deemed denied. Franchisees must also use any trademark registration and copyright notices as specified by Burros Fries.