After termination or expiration of the Benihana franchise agreement, is a franchisee allowed to identify themselves as a former Benihana franchisee?

According to Benihana's 2024 Franchise Disclosure Document, a franchisee is not allowed to identify themselves as a former Benihana franchisee after the termination or expiration of the franchise agreement. The agreement states that upon termination or expiration, the franchisee must cease operating the restaurant and immediately stop using the Benihana marks, including the service marks and the flower symbol.

Specifically, the franchisee is prohibited from directly or indirectly identifying themselves as a franchisee of the Benihana system or a former BNC licensee or franchisee. This restriction is in place to protect the Benihana brand and prevent any confusion among customers.

In addition to ceasing the use of the marks, the franchisee must also discontinue using any confidential information, the Benihana system, and any of Benihana's methods, procedures, and techniques associated with the system. The franchisee must also modify the location to distinguish its appearance from other Benihana restaurants. These measures ensure a clear separation between the former franchisee and the Benihana brand, maintaining the integrity and reputation of the Benihana system.