What is the principal trademark for Burros Fries?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Under the Franchise Agreement, we grant you the nonexclusive right to use the Marks in connection with the operation of your Franchise. Our principal trademark is "Burros & Fries" and the logos as they appear on the first page of this Disclosure Document. We have the right to use and to license others to use the Marks, including sublicensing it to you, and under any other trade name, trademarks, service marks and logos currently used or that may hereafter be used in the operation of the Business. You must use the Marks only for the operation of your Franchise and in the manner authorized by us.
Source: Item 13 — TRADEMARKS (FDD pages 40–42)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, the company's principal trademark is "Burros & Fries" along with the logos displayed on the first page of the document. Burros Fries retains the right to use this trademark and license it to others, including franchisees. This license extends to any other trade names, trademarks, service marks, and logos currently used or that may be used in the operation of the business in the future. The franchisee is obligated to use the trademarks only for the operation of their franchise and in the manner authorized by Burros Fries.
This means that as a Burros Fries franchisee, you are granted a non-exclusive right to use the brand's trademarks to operate your franchise. However, this right is not absolute. Burros Fries can license the trademarks to others and even develop other systems using similar trademarks without providing you additional rights. This is a fairly standard practice in franchising, where the franchisor maintains control over its brand identity and can expand its business through various channels.
It is important to note that all goodwill associated with the use of the trademarks accrues exclusively to the benefit of Burros Fries. Upon termination or expiration of the Franchise Agreement, the franchisee retains no rights to the trademarks. Furthermore, franchisees cannot use the trademarks as part of any corporate or trade name and must prominently display the trademarks on designated items in the manner specified by Burros Fries. Franchisees must also identify themselves as owners of a Burros Fries franchise in a manner directed by the company.
Burros Fries also has several registered trademarks and pending applications with the United States Patent and Trademark Office. These include registered marks such as "BURROS & FRIESEST. 2009 X X", "X X BURROS & FRIES EST. 2009", "BURROS & FRIES X X EST. 2009", and "BURROS & FRIES". There are also pending applications for "BURROS & FRIES" and "BURROS & FRIES X X B&F EST. 2009".