After termination or expiration of a Big Apple Bagels franchise, what is a franchisee prohibited from doing with the Big Apple Bagels Marks?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. Marks. Franchisee agrees that after the termination or expiration of the Franchise he will: (i) not directly or indirectly at any time or in any manner identify himself or any business as a current or former BAGELS Store, or as a franchisee or licensee of or as otherwise associated with Franchisor, use any Mark or any colorable imitation thereof in any manner or for any purpose or utilize for any purpose any trade name, trade or service mark or other commercial symbol that suggests or indicates a connection or association with Franchisor; (ii) return to Franchisor or destroy all forms and materials containing any Mark or otherwise identifying or relating to a BAGELS Store; (iii) return to Franchisor all inventory bearing the Marks at Franchisee's cost; (iv) take such action as may be required to cancel all fictitious or assumed name or equivalent registrations relating to his use of any Mark; (v) change the telephone number of the BAGELS Store and instruct all telephone directory publishers to modify all telephone directory listings of the BAGELS Store associated with any Marks when the directories are next published; (vi) if requested by Franchisor, transfer to Franchisor or Franchisor's designee the telephone number of the BAGELS Store and all telephone directory listings associated with the Marks; and (vii) furnish to Franchisor, within thirty (30) days after the effective date of termination or expiration, evidence satisfactory to Franchisor of Franchisee's compliance with the foregoing obligations.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, after the termination or expiration of a franchise, a franchisee is restricted from using the Big Apple Bagels marks. Specifically, the franchisee cannot identify themselves or any business as a current or former Big Apple Bagels store, franchisee, licensee, or as otherwise associated with the franchisor. They are prohibited from using any mark or imitation of a mark in any manner or for any purpose, and cannot use any trade name, trade or service mark, or commercial symbol that suggests a connection with Big Apple Bagels.
Additionally, the franchisee must return or destroy all forms and materials containing any mark or relating to a Big Apple Bagels store. They must return all inventory bearing the marks at their own cost and take action to cancel any fictitious or assumed name registrations related to the use of any mark. The franchisee is also required to change the telephone number of the Big Apple Bagels store and instruct telephone directory publishers to modify listings associated with any marks when the directories are next published. If requested by Big Apple Bagels, the franchisee must transfer the store's telephone number and listings to the franchisor or their designee.
Finally, within 30 days after the termination or expiration date, the franchisee must provide evidence satisfactory to Big Apple Bagels that they have complied with all of these obligations. These stipulations are fairly standard in franchising to protect the brand's identity and prevent confusion in the marketplace after a franchise agreement ends.