What should a Big Apple Bagels franchisee do with articles displaying the Marks that are not used at the new location?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of a relocation of the BAGELS Store, Franchisee shall promptly remove from the former BAGELS Store premises any and all signs, fixtures, furniture, posters, furnishings, equipment, menus, advertising materials, stationery, supplies, forms and other articles which display any of the Marks and distinctive features or designs associated with the System.
Any articles which display any of the Marks or any distinctive features or designs associated with the System which are not used by Franchisee at the new BAGELS Store location shall be disposed of by Franchisee as directed by Franchisor following notice to Franchisor to the effect such articles will not
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, if a franchisee relocates their store, they must dispose of any articles displaying Big Apple Bagels' trademarks, features, or designs that will not be used at the new location. The franchisee must notify Big Apple Bagels about these articles and dispose of them as directed by the company. This includes signs, fixtures, furniture, posters, furnishings, equipment, menus, advertising materials, stationery, supplies, forms and other articles.
This requirement ensures that the brand's image is consistent and prevents confusion among customers. By controlling the disposal of branded articles, Big Apple Bagels maintains uniformity and protects its trademarks. This is a standard practice in franchising, where brand consistency is crucial for recognition and customer loyalty.
In addition to disposing of unused articles, the franchisee is responsible for removing all signs, fixtures, and other branded items from the former location. They must also modify or alter the former premises to clearly distinguish it from its previous appearance as a Big Apple Bagels store. These steps are essential to prevent any potential confusion and maintain the integrity of the Big Apple Bagels brand. Failure to comply with these requirements can result in Big Apple Bagels revoking permission for the relocation and declaring a default under the franchise agreement.