After termination or expiration of the Benihana Franchise Agreement, what specific service marks must the franchisee immediately and permanently cease to use?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
e shall immediately terminate, and Franchisee shall strictly comply with the following obligations:
- (a) Franchisee shall immediately cease to operate the Restaurant.
- (b) Franchisee shall immediately and permanently cease to use in any manner the Marks, including, without limitation, the service marks "BENIHANA", "Benihana of Tokyo" and the "flower" symbol, or any confusingly similar trademark, service mark, trade name or insignia.
- (c)
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, a franchisee must immediately and permanently stop using specific service marks. These include the service marks "BENIHANA", "Benihana of Tokyo" and the "flower" symbol.
Additionally, the franchisee must not use any trademark, service mark, trade name, or insignia that is confusingly similar to these marks. This restriction ensures that the franchisee cannot continue to benefit from Benihana's brand recognition after the agreement ends.
Furthermore, the franchisee is prohibited from identifying themselves as a Benihana franchisee or former licensee. This prevents any potential confusion among customers and protects the integrity of the Benihana brand. The franchisee must also cancel any assumed names or equivalent registrations containing any of the marks.