Can Black Bear Diner require a franchisee to modify or discontinue the use of any Mark?

According to Black Bear Diner's 2025 Franchise Disclosure Document, Black Bear Diner has the authority to require franchisees to modify or discontinue the use of any Mark, and/or to use additional or substitute trademarks or service marks. Black Bear Diner is not required to reimburse franchisees for expenses incurred to modify or discontinue the use of a Mark or to substitute a trademark or service mark for a discontinued Mark.

If a Mark must be modified in Black Bear Diner's judgment or due to an involuntary loss of one or more of the Marks, the modification or substitution by Black Bear Diner will be the franchisee's sole and exclusive remedy against Black Bear Diner.

This clause highlights the importance of trademark usage in franchising. Franchisees must use the Marks as the sole trade identification of their Franchised Restaurant and must not use any Mark or part of any Mark as part of any corporate or trade name, in any modified form, or in connection with the sale of any unauthorized product or service, unless authorized in writing by Black Bear Diner. Franchisees must also provide notices of trademark and service mark registrations as specified by Black Bear Diner and obtain any required fictitious or assumed name registrations under applicable law.