Must a Burros Fries franchisee use and display a notice indicating they are a franchise of Burros & Fries?
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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- 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.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees are required to use and display a notice indicating that they are a franchise of Burros & Fries. The specific form of this notice must be approved by Burros Fries.
In addition to identifying themselves as a Burros Fries franchise, franchisees must also indicate to third parties that their location is "independently owned and operated" and that Burros & Fries owns the marks, which the franchisee uses under a license. This dual messaging is common in franchising, balancing brand consistency with the franchisee's independent business status.
Furthermore, unless Burros Fries authorizes or requires otherwise, franchisees must operate and advertise the business under the name and mark "Burros & Fries". Franchisees must also obtain approval from Burros Fries for any printed material bearing any of the names or marks, unless the item is supplied by the franchisor. Burros Fries will approve or deny the franchisee's request within thirty days of receipt of the written request; failure to respond within that period means the request is denied. Franchisees must also use any trademark and copyright notices that Burros Fries specifies.