What identifiers associated with the Anago Subfranchise Business must the Subfranchisor cease using 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.
- (b) Subfranchisor acknowledges that there will be substantial confusion in the mind of the public if, after the end or termination of this Agreement, Subfranchisor continues to use the telephone number, websites, social media accounts, and other printed and electronic identifiers associated with the Subfranchise Business or with which the Subfranchise Business has been identified. Therefore, Subfranchisor agrees that promptly after the expiration or termination of this Agreement for any reason, Subfranchisor will cease and desist from using all such identifiers. On Franchisor's request, Subfranchisor will direct all persons responsible for or controlling such identifiers to transfer them to Franchisor or its designee. As regards the telephone number associated with the Subfranchise Business, Subfranchisor will direct the telephone company servicing Subfranchisor to transfer the telephone number to Franchisor, or to any person and at any location as the Franchisor directs. If Subfranchisor does not promptly direct the telephone company, Subfranchisor irrevocably appoints Franchisor as his or her attorney-in-fact to direct the telephone company to make the transfer. There will be no refund of any prepayments by Subfranchisor to the telephone company. Subfranchisor shall execute the Conditional Assignment of Telephone Numbers Agreement in the form attached hereto as Exhibit VI.
- (c) Subfranchisor shall immediately discontinue all use of all Confidential Information, including all Manuals and Client Information.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, after the termination or expiration of the Subfranchise Agreement, the subfranchisor must cease using specific identifiers associated with the Anago Subfranchise Business. These identifiers include the telephone number, websites, social media accounts, and other printed and electronic identifiers that are associated with the subfranchise business or with which the subfranchise business has been identified.
Anago requires the subfranchisor to stop using these identifiers to prevent public confusion. The subfranchisor must also take action to cancel any fictitious, trade, or assumed name registrations that contain the name "Anago" or any other proprietary mark or imitation of Anago's trademarks. The subfranchisor must provide evidence of compliance with this obligation within 30 days after termination or expiration of the agreement. If the subfranchisor fails to do so, Anago is appointed as the subfranchisor's attorney-in-fact to handle the cancellation.
Furthermore, Anago stipulates that the subfranchisor must direct the telephone company to transfer the telephone number associated with the subfranchise business to Anago or its designee. If the subfranchisor does not promptly do so, Anago is irrevocably appointed as the subfranchisor's attorney-in-fact to direct the transfer. The subfranchisor will not receive any refund of prepayments made to the telephone company. Additionally, the subfranchisor must discontinue all use of confidential information, including manuals and client information.