What must a Burros Fries franchisee do to assist in protecting the Names and Marks?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
With respect to Franchisee's franchised use of Burros & Fries Franchise, Inc.'s Names and Marks pursuant to this Agreement, Franchisee agrees that:
- Franchisee shall use only the Names and Marks as are approved in writing by us for Franchisee's use, and shall use them only in the manner authorized and permitted by us and that in any use whatsoever of the Names and Marks of ours that the Names and Marks are identified as being registered to or owned by Burros & Fries Franchise, Inc., with exclusive rights give to us;
Franchisee shall use the 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;
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;
Unless otherwise authorized or required by us, Franchisee shall operate and advertise the Business under the Name and Mark "Burros & Fries";
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;
Franchisee must obtain our approval for any use of any item of printed material of any kind bearing any of the Names or Marks, unless we supplied the item.
We shall approve or deny Franchisee's request, which approval is in our sole discretion, within thirty (30) days of receipt of Franchisee's written request.
If we fail to respond to Franchisee's request within said thirty (30) day period, Franchisee's request shall be deemed denied.
Franchisee shall use such notices of Trademark registrations and copyrights as we specify.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, franchisees play a crucial role in protecting the brand's Names and Marks. Franchisees must use only the Names and Marks approved in writing by Burros & Fries and in the manner authorized by them. Any usage of the Names and Marks must identify them as registered to or owned by Burros & Fries Franchise, Inc., reinforcing the company's exclusive rights. This ensures consistent and correct representation of the brand.
Franchisees are required to use the Names and Marks only in connection with the operation and advertising of their Burros Fries Business at their approved location and website. They must also display a notice, in a form approved by Burros Fries, indicating that they are a "Franchise of Burros & Fries" and that the Names and Marks are used under such a franchise. Franchisees must also indicate to third parties that the business is independently owned and operated under a license from Burros & Fries. Unless otherwise authorized, franchisees must operate and advertise the Business under the Name and Mark "Burros & Fries".
Any unauthorized use of the Names and Marks is considered an infringement of Burros Fries's rights and a material breach of the Franchise Agreement. Franchisees must obtain approval from Burros Fries for any printed material bearing the Names or Marks, unless the item is supplied by the franchisor. Burros Fries has 30 days to approve or deny the franchisee's request, and failure to respond within this period results in the request being deemed denied. Franchisees are also required to use any specified notices of Trademark registrations and copyrights as directed by Burros Fries. These measures are in place to maintain brand consistency, prevent misuse, and protect the intellectual property of Burros Fries.