Are Burros Fries franchisees required to use specific signage for their business?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
We have spent considerable time designing the decoration and outfitting of a Burros & Fries Business with specific kitchen equipment, furnishing, fixtures, décor items and signage.
This is part of our trade dress.
Franchisee must purchase such items from us and/or our affiliates or approved vendors as specified in the Operations Manual and Section 12.T of this Agreement.
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 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.
Unless otherwise authorized or required by us, Franchisee shall operate and advertise the Business under the Name and Mark "Burros & Fries";
Franchisee further agrees that, upon termination or expiration of this Agreement, Franchisee shall immediately and permanently cease to use, by advertising, or any manner whatsoever, any Confidential Information, methods, trade secrets, procedures, descriptions of Products and Services associated with us and the Names and Marks and any proprietary marks and distinctive forms, slogans, symbols, signage, logos or devices associated with the System. In particular, Franchisee shall cease to use, without limitation, all signage (this includes vehicles with graphics, if applicable), advertising materials, menus, stationery, forms and any other articles, which display the Names and Marks. Franchisee shall make or cause to be made, at its expense, changes directed by us in signage, vehicles (if applicable), building and structures so as to effectively distinguish the surviving business entity, if any, from itsformer appearance and from other existing Burros & Fries Businesses.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, franchisees are required to use specific signage for their business. Burros Fries has spent considerable time designing the decoration and outfitting of a Burros & Fries Business with specific kitchen equipment, furnishing, fixtures, décor items and signage, which is considered part of their trade dress. Franchisees must purchase these items from Burros Fries, its affiliates, or approved vendors as specified in the Operations Manual and the Franchise Agreement.
Franchisees must use only the names and marks approved in writing by Burros Fries and in the manner authorized. 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 franchise. Unless otherwise authorized or required, franchisees must operate and advertise the business under the name and mark "Burros & Fries."
Upon termination or expiration of the Franchise Agreement, franchisees must immediately cease using all signage, advertising materials, menus, and any other articles displaying the names and marks. Franchisees are also required to make changes to signage, vehicles, buildings, and structures as directed by Burros Fries to distinguish the business from its former appearance and from other Burros & Fries businesses. This ensures consistent branding and prevents consumer confusion.