What specific Names and Marks is a Burros Fries franchisee authorized to use?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
inafter referred to as the "Business," "Franchise Business," "Franchised Business," "Franchise" or "Burros & Fries Restaurant;" and
WHEREAS, We identify our System by means of certain trade names, service marks, trademarks, logos, emblems, trade dress and other indicia of origin, including but not limited to the mark "Burros & Fries" and such other trade names, service marks, trademarks and trade dress as are now designated (or may be designated hereafter by us in writing) for use in connection with our System (referred to as the "Names and Marks," "Names" or "Marks"); and
WHEREAS, We continue to develop, use, and control the use of such Names and Marks to identify for the public the source of Products and Services marketed thereunder and under our System, and to represent the System's high standards of consistent quality, appearance, and service; and
WHEREAS, We have established substantial goodwill and business value in our Names and Marks, expertise and System; and
WHEREAS, We have the right to license the System, including our expertise for conducting and operating a business under the mark and design Burros & Fries;
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees are authorized to use specific names and marks associated with the Burros Fries system. The primary name and mark that franchisees are generally authorized to use is "Burros & Fries," unless the franchisor directs otherwise. However, the specific names and marks a franchisee is permitted to use must be approved in writing by Burros Fries. Franchisees must also identify that the names and marks are registered to or owned by Burros & Fries Franchise, Inc. and indicate to third parties that the franchise is independently owned and operated under a license.
Burros Fries retains significant control over the use of its names and marks. Franchisees are only allowed to use the names and marks in connection with the operation of their Burros Fries business and in advertising for that business, conducted at or from the franchisee's web page and accepted location. Any unauthorized use of the names and marks constitutes an infringement of Burros Fries' rights and a material breach of the franchise agreement.
Prospective franchisees need to be aware that all printed materials bearing the Burros Fries names or marks must be approved by the franchisor, unless the franchisor supplies the item. Burros Fries has the discretion to approve or deny a franchisee's request for usage of the names and marks within thirty days of receiving the written request. Failure to respond within this period is deemed a denial. Upon termination or expiration of the franchise agreement, the franchisee must immediately cease all use of the Burros Fries names and marks.