What action must an Anago subfranchisor take regarding fictitious name registrations containing "Anago" or other proprietary marks after termination or expiration of the agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Subfranchisor will take all action as may be necessary to cancel any fictitious, trade or assumed name registration, or equivalent registration that contains the name "Anago" or any other Proprietary Mark or colorable imitation of any trademark, trade name or service mark of Franchisor or its Affiliates. Subfranchisor will furnish Franchisor with evidence of compliance with this obligation to cancel the registration within 30 days after termination or expiration of this Agreement. If Subfranchisor fails to do so, Subfranchisor appoints Franchisor as Subfranchisor's attorney-in-fact to do so for Subfranchisor.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, a subfranchisor must take specific actions regarding fictitious name registrations upon termination or expiration of their agreement. The subfranchisor is required to cancel any fictitious, trade, or assumed name registration (or equivalent) that includes the name "Anago" or any other proprietary mark belonging to Anago or its affiliates. This ensures that the subfranchisor no longer uses Anago's brand identity after the agreement ends.
To demonstrate compliance, the subfranchisor must provide Anago with evidence that they have canceled the registration within 30 days of the termination or expiration date. This documentation serves as proof that the subfranchisor has taken the necessary steps to discontinue using Anago's trademarks in their business name. If the subfranchisor fails to cancel the registration themselves, they grant Anago the power of attorney to do so on their behalf.
This requirement protects Anago's brand and prevents potential confusion among customers. By ensuring that former subfranchisors do not continue to operate under a name that includes "Anago" or its proprietary marks, the company maintains control over its brand identity and reputation. This is a standard practice in franchising, as franchisors need to ensure consistent brand representation and avoid unauthorized use of their trademarks.