After termination of the All County franchise, can I use the marks if I own and operate other All County businesses?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
23.2. Marks. Upon the termination, for any reason, or expiration of this Agreement:
23.2.1. you may not directly or indirectly at any time or in any manner (except with respect to other ALL COUNTY® businesses you own and operate) identify yourself or any business as a current or former ALL COUNTY® business, or as one of our licensees or franchisees, use any Marks, any colorable imitation thereof or other indicia of an ALL COUNTY® business in any manner or for any purpose or utilize for any purpose any trade name, trademark or service mark or other commercial symbol that indicates or suggests a connection or association with us;
23.2.2. you agree to take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to your use of any Marks;
23.2.3. if we do not exercise our option to purchase the Business pursuant to Article 23.6., you agree to deliver to us within thirty (30) days after the Notification Date (as defined in Article 23.6.1.) all signs, sign-faces, sign-cabinets, marketing materials, forms, packaging and other materials containing any Marks or otherwise identifying or relating to an ALL COUNTY® business and allow us, without liability to you or third parties, to remove all such items from the Business;
23.2.4. if we do not exercise our option to purchase the Business pursuant to Article 23.6., you agree that, after the Notification Date, you will promptly and at your own expense make such alterations as we may specify to distinguish the Business clearly from its former appearance and from other ALL COUNTY® businesses so as to prevent confusion therewith by the public;
23.2.5. if we do not exercise our option to purchase the Business pursuant to Article 23.6., you agree that, after the Notification Date, you will notify the telephone company and all telephone directory publishers of the termination or expiration of your right to use any telephone, facsimile or other numbers and any regular, classified or other telephone directory listings associated with any Marks, authorize the transfer of such numbers and directory listings to us or at our direction and/or instruct the telephone company to forward all calls made to your telephone numbers to numbers we specify;
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, after the termination or expiration of the franchise agreement, a franchisee may not directly or indirectly identify themselves or any business as a current or former All County business, use any marks, or utilize any trade name, trademark, or service mark that suggests a connection with All County. However, this restriction does not apply to other All County businesses that the franchisee owns and operates. This means that if a franchisee operates multiple All County locations and one franchise agreement is terminated, they can continue to use All County's marks for the other locations they still own.
Specifically, the franchisee must cancel all fictitious or assumed names related to the use of any marks. If All County does not exercise its option to purchase the business, the franchisee must deliver all signs, marketing materials, and other materials containing any marks to All County within thirty days after the notification date. The franchisee must also alter the business's appearance to distinguish it from other All County businesses to prevent public confusion.
Furthermore, the franchisee must notify the telephone company and directory publishers of the termination of their right to use any telephone, facsimile, or other numbers and directory listings associated with any marks. They must authorize the transfer of such numbers and directory listings to All County or instruct the telephone company to forward calls to numbers specified by All County. These measures ensure that the terminated franchise is clearly separated from the All County brand, except for other All County businesses the franchisee continues to operate.