factual

What are the requirements for using approved design and signage for a Burros Fries business?

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;

Source: Item 22 — CONTRACTS (FDD page 53)

What This Means (2024 FDD)

According to the 2024 Burros Fries Franchise Disclosure Document, franchisees must use only names and marks approved in writing by Burros Fries. These names and marks must be used in the manner authorized and permitted by Burros Fries, and they must be identified as being registered to or owned by Burros & Fries Franchise, Inc. Franchisees must also use and 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. Unless otherwise authorized or required, franchisees must operate and advertise the business under the name and mark "Burros & Fries."

Franchisees must obtain approval from Burros Fries for any use of printed material bearing any of the names or marks, unless Burros Fries supplied the item. Burros Fries will approve or deny the franchisee's request within 30 days of receipt of the written request; failure to respond within this period means the request is deemed denied. Franchisees must also use notices of trademark registrations and copyrights as specified by Burros Fries.

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 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 Section 12.T of the Franchise Agreement. Failure to purchase these items from approved sources and using unapproved items may result in the termination of the Franchise Agreement.

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.