If an Anago franchisee secures rights to any of the Proprietary Marks not expressly granted in the Anago franchise agreement, what action are they required to take?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that all goodwill associated with the Anago Unit Franchise inures directly and exclusively to AFI's benefit and is AFI's exclusive property except through profit received from the operation or possible permitted sale of the Anago Unit Franchise during the Term. If You secure in any jurisdiction any rights to any of the Proprietary Marks (or any other Proprietary Property) not expressly granted under this Agreement, You will immediately notify
Us and immediately assign to AFI all of Your right, title and interest to the Proprietary Marks (or any other Proprietary Property) not expressly granted under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, if a franchisee secures any rights to Anago's Proprietary Marks not expressly granted in the franchise agreement, they must immediately notify Anago Franchising, Inc. (AFI) and immediately assign all rights, title, and interest to those Proprietary Marks to AFI. This includes any other Proprietary Property not expressly granted under the agreement. This requirement ensures that Anago maintains complete control and ownership over its brand and intellectual property.
This provision is crucial for protecting Anago's brand identity and preventing unauthorized use of its trademarks. By requiring franchisees to assign any inadvertently acquired rights, Anago avoids potential legal disputes and maintains uniformity across its franchise system. This also prevents a franchisee from attempting to leverage the brand's trademarks for their own benefit outside the scope of the franchise agreement.
For a prospective Anago franchisee, this means understanding that any effort to register or otherwise secure rights to the Anago trademarks will be futile and potentially lead to legal issues. The franchisee's rights to use the trademarks are strictly limited to those expressly granted in the franchise agreement. It is essential to adhere to these terms to avoid any breach of contract and to maintain a good relationship with the franchisor.