factual

What is a Burros Fries franchisee required to comply with when using the Marks?

Burros_Fries Franchise · 2024 FDD

Answer from 2024 FDD Document

ating Manual as well as our policy statements, which underlie the goodwill associated with and symbolized by the Names and Marks.

B. Franchisee is Licensed to Use Names and Marks

With respect to Franchisee's franchised use of Burros & Fries Franchise, Inc.'s Names and Marks pursuant to this Agreement, Franchisee agrees that:

  1. 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;

    1. 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;
    1. 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;
    1. Unless otherwise authorized or required by us, Franchisee shall operate and advertise the Business under the Name and Mark "Burros & Fries";
    1. 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;
    1. 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.
    1. Franchisee shall not use the Names and Marks to incur any obligations or indebtedness on our behalf;
    1. Franchisee shall not use the Names and Marks or any part thereof as part of its corporate or other legal name;
    1. Except as otherwise permitted in this Agreement, Franchisee shall not use the Names and Marks or any part thereof in any form on the Internet, including but not limited to, addresses, domain names, URL's, Websites, links, metatags, locators and search techniques;
    1. Franchisee shall comply with our instructions in filing and maintaining the requisite trade name or fictitious name registration, and shall execute any documents deemed necessary by us or our counsel to obtain protection for the Names and Marks or to maintain their continued validity and enforceability;
    1. In the event any litigation involving the Names and Marks is instituted or threatened against Franchisee, Franchisee shall promptly notify us and shall cooperate fully with us in defending such litigation. Franchisee agrees to execute any and all instruments and documents, render such assistance, and do such acts or things as may, in the sole opinion of us, reasonably be necessary or advisable to protect and maintain the interests of us or any other interested party in the Names or Marks.

Source: Item 22 — CONTRACTS (FDD page 53)

What This Means (2024 FDD)

According to the 2024 Burros Fries Franchise Disclosure Document, a franchisee's use of Burros & Fries' Names and Marks is subject to several requirements. The franchisee must use only the Names and Marks approved in writing by Burros Fries and in the manner authorized. Any use of the Names and Marks must identify them as registered to or owned by Burros & Fries Franchise, Inc., which has exclusive rights to them. The franchisee can only use the Names and Marks in connection with the operation and advertising of the Business at the Accepted Location and on the franchisee's web page.

The franchisee is required to 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. They must also indicate to third parties that the business is "independently owned and operated" and that Burros Fries owns the Marks, which the franchisee uses under license. Unless otherwise authorized, the franchisee must operate and advertise the Business under the name "Burros & Fries." The right to use the Names and Marks is limited to authorized usages, and any unauthorized use constitutes an infringement and a material breach of the Franchise Agreement.

Furthermore, the franchisee must obtain approval from Burros Fries for any use of printed material bearing the Names or Marks, unless the item was supplied by Burros Fries. Burros Fries has the sole discretion to approve or deny such requests within thirty days of receipt; failure to respond within this period is deemed a denial. The franchisee is also required to use notices of Trademark registrations and copyrights as specified by Burros Fries. Upon termination or expiration of the Franchise Agreement, the franchisee must immediately and permanently cease all use of the Names and Marks, including on signage, advertising materials, and menus, and make changes to distinguish the business from its former appearance as a Burros & Fries Business.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.