Upon termination of the Afuri Ramen Dumpling agreement, what must the franchisee discontinue using?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
[NOTE: The following Section 2 is for franchise transfers but not for franchise renewals:]
- [2. Franchisee to Cease Using Trade Names, Marks, and Logos. Upon completion of the transfer, Franchisee will immediately cease using Franchisor's trade names, service marks, logos, and other marks, symbols or materials indicating that Franchisee is or was related to Franchisor in any way, except as otherwise provided in writing. Franchisee acknowledges that all such names, service marks, logos, and symbols are the exclusive property of Franchisor and that Franchisee has been allowed to use them, only in conjunction with the franchise relationship as outlined in this Agreement. Franchisee will remain jointly and severally bound to comply with the covenants in the Franchise Agreement which expressly or by reasonable implication are intended to apply to Franchisee after termination of the Franchise Agreement, including any applicable non-disclosure requirements. Franchisee will immediately:
- A. deliver to Transferee or Franchisor all copies of the Operations Manuals, training materials, and any other franchise-related materials in Franchisee's custody, control or possession (or destroy such materials if requested by Franchisor);
- B. take action as required to transfer to Transferee all registrations relating to the use of all assumed names;
- C. notify the telephone company and all listing agencies of the transfer of Franchisee's rights to use the franchise names and logos and classified and directory listings of the franchise;
- D. cease use of the franchise trademarks, service marks, trade names, copyrights, and other intellectual or intangible property; and
- E. refrain from doing business in any way that might tend to give the public the impression that Franchisee still is or was a franchisee in the franchise system;]
Source: Item 23 — Receipts (FDD pages 50–189)
What This Means (2024 FDD)
According to the 2024 Afuri Ramen Dumpling Franchise Disclosure Document, after the transfer of a franchise, the franchisee must immediately stop using Afuri Ramen Dumpling's trade names, service marks, logos, and other marks, symbols, or materials that suggest the franchisee is or was related to Afuri Ramen Dumpling in any way, unless otherwise provided in writing. The franchisee acknowledges that these names, service marks, logos, and symbols are the exclusive property of Afuri Ramen Dumpling and that the franchisee was only allowed to use them in connection with the franchise relationship as outlined in the Franchise Agreement.
Additionally, the franchisee is obligated to comply with the covenants in the Franchise Agreement that expressly or by reasonable implication are intended to apply to the franchisee after termination of the Franchise Agreement, including any applicable non-disclosure requirements. The franchisee must also deliver to the transferee or Afuri Ramen Dumpling all copies of the Operations Manuals, training materials, and any other franchise-related materials in the franchisee's custody, control, or possession, or destroy such materials if requested by Afuri Ramen Dumpling.
Furthermore, the franchisee is required to take action to transfer to the transferee all registrations relating to the use of all assumed names, notify the telephone company and all listing agencies of the transfer of the franchisee's rights to use the franchise names and logos and classified and directory listings of the franchise. The franchisee must also refrain from doing business in any way that might tend to give the public the impression that the franchisee still is or was a franchisee in the franchise system.