If an Anago Subfranchisor fails to cancel a fictitious name registration, who is appointed as their attorney-in-fact to do so?
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, if a subfranchisor fails to cancel any fictitious, trade, or assumed name registration that contains the name "Anago" or any other proprietary mark within 30 days after the termination or expiration of their agreement, the subfranchisor appoints Anago as their attorney-in-fact to do so on their behalf.
This means that Anago has the legal authority to act for the subfranchisor in canceling the registration. This provision ensures that Anago can protect its brand and trademarks even if a former subfranchisor does not cooperate after the franchise agreement ends.
For a prospective Anago subfranchisor, this clause highlights the importance of complying with the terms of the franchise agreement regarding the use of Anago's trademarks and trade names. It also demonstrates Anago's commitment to protecting its brand identity and taking necessary steps to maintain control over its intellectual property. Subfranchisors should be aware of this obligation and the potential consequences of failing to comply.