If Anago requests a modification or discontinuation of a Proprietary Mark, how many days do I have to comply with the request, and who bears the expense?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
If we deem it advisable, in our sole discretion, 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 or cancellation of any existing registration of any of our Proprietary Marks or the rights of senior users, you are obligated to do so at your sole expense within 30 days of our request and will cause your Unit Franchisees to do so as well.
Source: Item 13 — TRADEMARKS (FDD pages 38–41)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, if Anago deems it advisable to modify or discontinue the use of any Proprietary Mark, franchisees are obligated to comply within 30 days of the request. This obligation extends to causing their Unit Franchisees to do so as well. This action could be due to various reasons, such as the rejection of a pending registration, revocation, or cancellation of an existing registration, or the rights of senior users.
Importantly, the FDD states that the franchisee bears the sole expense of modifying or discontinuing the use of any Proprietary Mark. This means that any costs associated with changing signage, marketing materials, or other branded items to reflect the modified or discontinued mark will be the responsibility of the franchisee, not Anago.
This requirement places a financial burden on the franchisee, as they must be prepared to cover these expenses within the 30-day timeframe. Prospective franchisees should consider this potential cost when evaluating the Anago franchise opportunity and factor it into their financial planning. It is advisable to inquire about the likelihood of such modifications or discontinuations and to understand the potential costs involved to better prepare for such scenarios.