What is an Annex Brands franchisee required to do regarding fictitious or assumed name registrations?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
g policies. Franchisee agrees to obtain such fictitious or assumed name registrations as may be required under applicable law. Franchisee must provide Franchisor with proof of such fictitious or assumed name filings. Franchisee agrees to execute any and all instruments and documents, render such assistance and do such acts and things at Franchisor's expense as may, in the opinion of Franchisor, be necessary or advisable to protect and maintain the interests of Franchisor in the Marks in any litigation, or in any U.S. Patent and Trademark Office or other proceeding, or otherwise to protect and maintain the interests of Franchisor in the Marks.
- C. NOTIFICATION OF INFRINGEMENTS AND CLAIMS. Franchisee agrees to notify Franchisor in writing of any apparent infringement of or challenge to Franchisee's use of any Mark, or of any claim by any person of any rights in any Mark or any similar trade name, trademark or service mark, promptly after Franchisee becomes aware of such infringement, challenge or claim.
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to Annex Brands' 2025 Franchise Disclosure Document, franchisees are required to obtain fictitious or assumed name registrations as mandated by applicable law. Franchisees must also provide Annex Brands with proof of these filings.
Furthermore, the agreement stipulates that franchisees must use Annex Brands' Marks as the sole identifiers of their Center, while also identifying themselves as the independent owner in a manner prescribed by Annex Brands. Franchisees are prohibited from using any Mark as part of any formal business name, website address, domain name, or email address without prior written consent from Annex Brands. This consent can be withdrawn by Annex Brands with 30 days' notice if circumstances change.
Upon the transfer, expiration, termination, or non-renewal of the franchise, Annex Brands retains the sole right to all telephone and fax numbers, directory listings, email addresses, domain names, email marketing programs, social media platforms, and other electronic identities associated with the Marks or related to the Center. Additionally, franchisees are required to promptly cancel all fictitious or assumed name registrations related to their use of any Mark. If a franchisee fails to do so, Annex Brands is authorized to cancel these registrations at the franchisee's expense and is irrevocably appointed as the franchisee's attorney-in-fact for this purpose.
These stipulations ensure that Annex Brands maintains control over its brand identity and related assets, while also requiring franchisees to comply with legal requirements for operating under a fictitious or assumed name. Franchisees should be aware of these obligations and the potential consequences of non-compliance, including the risk of Annex Brands taking action to protect its interests.