After the termination or expiration of my Black Bear Diner franchise, what must I do with materials displaying the Marks?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon termination or expiration, this Agreement and all rights granted hereunder to Franchisee shall terminate and Franchisee will:
- (a) cease to operate the Franchised Restaurant under this Agreement and shall not thereafter, directly or indirectly, represent to the public or hold itself out as a present or former Franchisee of Franchisor;
- (b) if requested, assign (or, if an assignment is prohibited, a sublease for the full remaining term and on the same terms and conditions as Franchisee's lease) its interest in the lease then in effect for the Approved Location to Franchisor;
- (c) cease to use the Confidential Information, the System, the Marks and any distinctive forms, slogans, signs, symbols, logos or devices associated with the Marks or System. In particular, Franchisee shall cease to use, without limitation, all signs, advertising materials, stationery, forms and any other items which display the Marks;
- (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 FDD, upon termination or expiration of the Franchise Agreement, a franchisee must cease using the Marks. Specifically, the franchisee must stop operating the Franchised Restaurant under the agreement and cannot represent themselves as a current or former Black Bear Diner franchisee.
This includes discontinuing the use of Confidential Information, the System, and the Marks, along with any distinctive forms, slogans, signs, symbols, logos, or devices associated with the Marks or System. The franchisee is required to cease using all signs, advertising materials, stationery, forms, and any other items that display the Marks.
Additionally, the franchisee must assign to Black Bear Diner any assumed name registrations filed with state, city, or county authorities that contain the name "Black Bear Diner" or any of the Marks. This ensures that the franchisee no longer uses the brand's identity after the agreement ends.