Under what Name and Mark is a Burros Fries franchisee generally required to operate and advertise?

According to the 2024 Burros Fries Franchise Disclosure Document, franchisees are generally required to operate and advertise their business under the name and mark "Burros & Fries". However, this is not absolute, as Burros Fries may authorize or require the franchisee to use a different name and mark.

Burros Fries retains control over the use of its names and marks. Franchisees must use only the names and marks approved in writing by Burros Fries and in the manner authorized. Franchisees must also identify the names and marks as being registered to or owned by Burros & Fries Franchise, Inc. Franchisees are also required to indicate to third parties that the business is "independently owned and operated" and that Burros Fries owns the marks, which the franchisee uses under a license.

These stipulations ensure brand consistency and protect the franchisor's intellectual property. Franchisees must obtain approval from Burros Fries for any printed material bearing the names or marks, unless the franchisor supplied the item. This approval process, which is at Burros Fries's sole discretion, must occur within thirty days of the franchisee's written request. Failure to respond within this period is deemed a denial. Franchisees must also use trademark and copyright notices as specified by Burros Fries.

Failure to adhere to these guidelines constitutes a breach of the franchise agreement and an infringement of Burros Fries's rights. Upon termination or expiration of the franchise agreement, franchisees must immediately cease using the names and marks. These measures are typical in franchising to maintain brand uniformity and prevent unauthorized use of the franchisor's intellectual property.