If an Anago subfranchisor fails to cancel fictitious name registrations, 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 does not cancel any fictitious, trade, or assumed name registrations containing "Anago" or any proprietary mark after the termination or expiration of their agreement, Anago is appointed as the subfranchisor's attorney-in-fact to handle the cancellation. The subfranchisor must provide evidence of compliance with this obligation within 30 days after the termination or expiration of the agreement.
This clause ensures that Anago can protect its brand and trademarks even if a subfranchisor fails to take the necessary steps after their agreement ends. By appointing Anago as the attorney-in-fact, the franchisor can act on behalf of the subfranchisor to cancel any conflicting registrations, preventing potential confusion or misuse of the Anago brand.
For a prospective subfranchisor, this means they must promptly cancel any such registrations upon termination or expiration of their agreement. Failure to do so grants Anago the authority to act on their behalf, which could involve additional legal or administrative actions. It is important for subfranchisors to understand and comply with these post-termination obligations to avoid any complications.