What happens if Big Apple Bagels requires me to discontinue using a commercial symbol?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
BAB has the right to require you to use new marks and to discontinue or modify your use of any name or commercial symbol. If it becomes advisable at any time, in BAB's sole discretion, for BAB and/or you to modify or discontinue use of any Mark and/or use 1 or more additional or substitute trademarks or service marks, you agree to do so within a reasonable time after notice by BAB. In the event BAB requires you to discontinue the use of any name or commercial symbol and
to use a substitute mark or commercial symbol, BAB's sole obligation will be to reimburse you your out-of-pocket expenses of complying with this obligation.
Source: Item 13 — TRADEMARKS (FDD pages 57–64)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, Big Apple Bagels has the right to require franchisees to discontinue the use of any name or commercial symbol. If Big Apple Bagels requires a franchisee to discontinue using a commercial symbol and to use a substitute mark or commercial symbol, Big Apple Bagels' sole obligation is to reimburse the franchisee for their out-of-pocket expenses of complying with this obligation.
This means that if Big Apple Bagels decides to change its branding or needs to discontinue a particular logo or name for legal reasons, franchisees must comply with the change. However, Big Apple Bagels will cover the direct costs associated with making those changes, such as replacing signage or marketing materials.
It is important to note that Big Apple Bagels will only reimburse out-of-pocket expenses. This does not include compensation for lost revenue or profits that may result from the change. As a prospective franchisee, it would be prudent to clarify with Big Apple Bagels what specific expenses are covered under this reimbursement policy to fully understand the financial implications of such a change.