What intellectual property does Burros Fries consider itself the exclusive licensor of?
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 the 2024 Burros Fries Franchise Disclosure Document, Burros & Fries Franchise, Inc. owns the exclusive rights to its Names and Marks. As a franchisee, you are only allowed to use the Names and Marks that Burros Fries approves in writing. You must also use them in the exact manner that Burros Fries authorizes and permits. When using the Names and Marks, you must identify them as registered to or owned by Burros & Fries Franchise, Inc., which has exclusive rights to them.
As a franchisee, you can only use the Names and Marks when operating the Burros Fries business and in advertising for the business on your web page and at your approved location. Burros Fries requires you to display a notice indicating that you are a "Franchise of Burros & Fries" and that you are using the Names and Marks under a franchise from them. You must also tell third parties that your location is independently owned and operated and that Burros Fries owns the Marks, which you use under a license.
Unless Burros Fries authorizes or requires otherwise, you must operate and advertise the business under the Name and Mark "Burros & Fries". Your right to use the Names and Marks is limited to the usages authorized in the Franchise Agreement. Any unauthorized use of the Names and Marks is an infringement of Burros Fries's rights and a material breach of the agreement. You must get Burros Fries's approval before using any printed material with any of the Names or Marks, unless Burros Fries supplied the item. Burros Fries has the sole discretion to approve or deny your request within 30 days of receiving it in writing. If Burros Fries does not respond within 30 days, your request is considered denied. You must also use the trademark registration and copyright notices that Burros Fries specifies.