What is the maximum period a Better Blend franchisee has to comply with a trademark modification or discontinuation request?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
Under the franchise agreement, we may require you to modify or discontinue using a trademark, at your expense. You will have a reasonable period of time to comply with the change, not to exceed 90 days. After such period, you would no longer have the right to use the unmodified or discontinued trademark. Your rights under the franchise agreement do not change, other than the modification or discontinuation of the trademark.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Better Blend has the right to require a franchisee to modify or discontinue using a trademark at the franchisee's expense. If Better Blend exercises this right, the franchisee will be given a reasonable period of time to comply with the change.
The maximum period a Better Blend franchisee has to comply with a trademark modification or discontinuation request is 90 days. After this period, the franchisee no longer has the right to use the unmodified or discontinued trademark. However, the franchisee's rights under the franchise agreement do not change, other than the modification or discontinuation of the trademark.
This is a fairly standard clause in franchise agreements, as franchisors need to be able to protect their trademarks and ensure consistent branding across all locations. It is important for prospective Better Blend franchisees to understand that they may be required to change their signage, marketing materials, and other branded items if Better Blend decides to modify or discontinue a trademark. Franchisees should factor in the potential costs associated with such changes when evaluating the Better Blend franchise opportunity.