If Anago deems it advisable to modify or discontinue a Proprietary Mark, within what timeframe must the Subfranchisor and its Unit Franchisees comply with this change?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) If Franchisor deems it advisable in the sole and absolute discretion of the Franchisor, to modify or discontinue the use of any Proprietary Mark and/or use one or more additional or substitute names or marks, including due to the rejection of any pending registration or revocation of any existing registration of any of the Proprietary Marks, Subfranchisor is obligated to do so, and will also cause its Unit Franchisees to do so, at his or her sole cost and expense within 30 days of Franchisor's request.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, if Anago decides to modify or discontinue the use of any Proprietary Mark, the subfranchisor is obligated to comply and ensure that their unit franchisees also comply within 30 days of Anago's request. This obligation extends to using additional or substitute names or marks. The subfranchisor bears the cost of making these changes.
This requirement is put in place due to potential issues such as the rejection of a pending registration, the revocation of an existing registration, or conflicts with senior users' rights. The franchisor retains the discretion to make these changes.
For a prospective subfranchisor, this means being prepared to quickly adapt to changes in branding and marketing. It also highlights the importance of maintaining a good relationship with Anago, as these decisions are made at their discretion. The subfranchisor should also factor in the potential costs associated with rebranding when evaluating the financial viability of the franchise.