Is a Jersey Mikes franchisee allowed to use the Marks in any way they see fit?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of any of the Marks.
All provisions of this Agreement applicable to the Marks apply to any additional trademarks, service marks, and commercial symbols authorized for use by and li censed to Franchisee by Franchisor after the date of this Agreement.
- 6.2 Franchisee shall not use any Mark as part of any corporate or trade name, or with any prefix, suffix or other modifying words, terms, designs, or symbols, or in any modified form, nor may Franchisee use any Mark in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Franchisor.
Franchisee agrees to give such notices of trademark and service mark registrations as Franchisor specifies and to obtain such fictitious or assumed name registrations as may be required under applicable law.
Franchisee shall not use any of the Marks in any manner which has not been specified or approved by Franchisor.
- 6.3 Franchisee will not use or display, or allow others to use or display any of Franchisor's Marks, or any words or designs confusingly similar thereto, on any Online Presence (as defined in Section 10.8) other than on any official page or site that Franchisor, in its sole business judgment, may develop for the use of franchisees.
Without limiting the generality of the foregoing, Franchisee will not cause, permit or allow the Marks, or any of them, or any words, symbols or terms confusingly similar thereto, to be used or displayed in whole or part, in connection with any Online Presence.
Franchisee will not link or frame Franchisor's website or any other Online Presence to any other Online Presence or authorize any third party to link to or frame Franchisor's website or any other Online Presence without Franchisor's express prior written consent.
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to Jersey Mike's 2025 Franchise Disclosure Document, franchisees are not allowed to use the Marks in any way they see fit. Jersey Mike's retains control over the use of its trademarks and service marks to maintain the System's standards.
The agreement specifies that franchisees cannot use any Mark as part of a corporate or trade name, or with any prefix, suffix or other modifying words, terms, designs, or symbols, or in any modified form, unless expressly authorized in writing by Jersey Mike's. Franchisees also cannot use any of the Marks in any manner which has not been specified or approved by Jersey Mike's. This ensures that the brand's image remains consistent and is not diluted by unauthorized usage.
Furthermore, franchisees are restricted from using Jersey Mike's Marks, or any confusingly similar words or designs, on any online presence, except on official pages or sites developed by Jersey Mike's for franchisee use. They are also prohibited from linking or framing Jersey Mike's website or any other online presence to any other online presence without express prior written consent from Jersey Mike's. These restrictions extend even after the termination or expiration of the franchise agreement, as the franchisee cannot contest the validity or ownership of any of the Marks at any time.
These stipulations are typical in franchising, as franchisors like Jersey Mike's need to protect their brand identity and ensure uniform representation across all franchise locations. Franchisees must adhere to these guidelines to maintain the integrity of the brand and avoid potential legal issues related to trademark infringement.