What are the requirements for using Jersey Mikes' copyrighted materials in advertising or promotion?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will submit to Franchisor or its designated agency, for its prior approval, all promotional materials and advertising to be used by Franchisee, including, but not limited to, newspapers, radio, television,
If Company does not approve, in writing, any advertising or promotional item submitted to Company within fifteen days of receipt, the particular materials will be considered disapproved. You only may use advertising and promotional items which Company approves for your use.
Company may, in its sole discretion, change or modify the System presently identified by the Mark "JERSEY MIKE'S" including the adoption and use of new or modified trade names, service marks, trademarks or copyrighted materials, new computer programs and systems, new types or brands of food or products, new menu items, new equipment or new techniques. You will, at your expense, accept, use and display any changes in the System as if they were part of the Franchise Agreement at the time of its execution.
You must maintain a business phone and must list and advertise continuously in the free classified or Yellow Pages of the local telephone directory under the listing "Restaurants" as "Jersey Mike's Subs" or other listings as deemed appropriate by Company. When more than one JERSEY MIKE'S Restaurant is served by the same commercial telephone directory, any classified advertising placed in the directory should list all JERSEY MIKE'S Restaurants operating within the distribution area of these classified directories, with each franchisee contributing an equal share per Restaurant to the cost of the listing if any cost is applicable.
You must use the designation ®, TM, SM or other trademark registration notice where applicable or otherwise indicate in your advertising that the names "JERSEY MIKE'S" and "JERSEY MIKE'S, plus the design" are the trade names, trademarks and service marks of Company.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 55–56)
What This Means (2025 FDD)
According to Jersey Mike's 2025 Franchise Disclosure Document, franchisees must obtain prior approval from Jersey Mike's for all promotional and advertising materials. This includes items like newspaper ads, radio and television commercials, direct mail, and specialty items. If Jersey Mike's does not provide written approval or disapproval within 15 days of receiving the materials, the materials are considered disapproved. Franchisees are only allowed to use advertising and promotional items that Jersey Mike's has approved for their use. This ensures that all advertising aligns with Jersey Mike's brand standards.
Jersey Mike's also has the right to modify the System, including adopting new or modified trade names, trademarks, service marks, or copyrighted materials. Franchisees are obligated to accept and use these changes as if they were part of the original franchise agreement, and these changes are made at the franchisee's expense. This means franchisees need to stay updated with any modifications Jersey Mike's makes to its advertising and promotional materials and be prepared to implement those changes in their local marketing efforts.
Furthermore, franchisees are required to list and advertise continuously in the free classified or Yellow Pages of the local telephone directory under the listing "Restaurants" as "Jersey Mike's Subs" or other listings deemed appropriate by Jersey Mike's. If multiple Jersey Mike's restaurants are in the same directory distribution area, any classified advertising should list all locations, with each franchisee contributing an equal share to the cost. Franchisees must also use the appropriate trademark registration notices (®, TM, or SM) in their advertising to indicate that "JERSEY MIKE'S" and "JERSEY MIKE'S, plus the design" are the trade names, trademarks, and service marks of the company.