What happens to my assumed name registration containing 'Black Bear Diner' upon termination?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) assign to Franchisor any assumed name or equivalent registration filed with state, city or county authorities which contain the name "Black Bear Diner" or any of the Marks;
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, if your franchise agreement is terminated, you must assign any assumed name registrations containing the name "Black Bear Diner" to the franchisor. This includes registrations filed with state, city, or county authorities. This means that upon termination, you will no longer have the right to use any business names that include the Black Bear Diner brand name.
This requirement ensures that Black Bear Diner maintains control over its brand and prevents former franchisees from operating under a similar name, which could cause confusion or damage to the brand's reputation. It is a standard practice in franchising to protect the franchisor's trademarks and brand identity.
For a prospective franchisee, this means that any business registrations you make using the Black Bear Diner name become the property of the franchisor upon termination of the franchise agreement. You will need to choose a new business name that does not infringe on Black Bear Diner's trademarks if you wish to continue operating a restaurant after the franchise agreement ends, assuming you are not in violation of any non-compete agreements.