What action must a franchisee promptly take regarding fictitious or assumed names related to Bambu's marks upon termination or expiration?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
- f.
Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of Bambu or, at the option of Bambu, assign the same to Bambu.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, a franchisee must promptly take action to cancel all fictitious or assumed names or equivalent registrations relating to the use of any marks under the exclusive control of Bambu. Alternatively, at Bambu's option, the franchisee must assign these names to Bambu. This requirement ensures that Bambu maintains control over its brand and trademarks, preventing potential confusion or misuse by former franchisees.
This provision is standard in franchise agreements to protect the franchisor's brand identity and goodwill. By requiring the cancellation or assignment of fictitious or assumed names, Bambu ensures that former franchisees cannot continue to operate under names that might suggest an ongoing affiliation with the Bambu brand. This helps to avoid customer confusion and maintains the integrity of the Bambu brand.
For a prospective Bambu franchisee, this means that upon the end of the franchise term, they will need to either cancel any business names they've registered that include Bambu's trademarks or transfer those names to Bambu, depending on what Bambu prefers. This is a critical step in the termination process and must be handled promptly to avoid any legal issues or disputes with Bambu. The franchisee should be prepared to cooperate fully with Bambu to ensure a smooth and legally compliant transition.