After termination or expiration of the Bojangles franchise agreement, what must a franchisee do regarding the restaurant's structural features to deidentify it from the Bojangles system?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
XV. OBLIGATIONS UPON TERMINATION OR EXPIRATION
Upon termination or expiration of this Agreement, all rights granted hereunder to Franchisee shall forthwith terminate, and:
- A. Franchisee shall immediately cease to operate the Franchised Business, and shall not thereafter, directly or indirectly, represent to the public or hold itself out as a present or former franchisee of Franchisor.
- B. Franchisee shall immediately and permanently cease to use, in any manner whatsoever, any confidential methods, procedures and techniques associated with the System; the Proprietary Marks and distinctive forms, slogans, signs, symbols, and devices and any Trade Dress associated with the System. In particular, Franchisee shall follow Franchisor's instructions to deidentify the Restaurant from the System, including removal or modification of structural features of the Restaurant including, but not limited to, the distinctive roof, interior and exterior color combinations and designs, and shall cease to use, without limitation, all signs, advertising materials, displays, stationery, forms, and any other articles which display the Proprietary Marks.
- C. Franchisee shall take such action as may be necessary to cancel any assumed name or equivalent registration which contains any Proprietary Mark or any other service mark or trademark of Franchisor, and Franchisee shall furnish Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, a franchisee is required to take specific actions to de-identify the restaurant from the Bojangles system. This includes immediately ceasing operation of the franchised business and refraining from representing themselves as a current or former Bojangles franchisee.
Specifically, the franchisee must stop using any confidential methods, procedures, and techniques associated with the Bojangles system, including proprietary marks, distinctive forms, slogans, signs, symbols, and trade dress. The franchisee is obligated to follow Bojangles's instructions to de-identify the restaurant. This involves removing or modifying structural features such as the distinctive roof and interior/exterior color combinations and designs.
Additionally, the franchisee must discontinue the use of all signs, advertising materials, displays, stationery, forms, and any other items that display Bojangles's proprietary marks. The franchisee is also responsible for canceling any assumed name registrations that contain any Bojangles proprietary mark, service mark, or trademark, and must provide Bojangles with evidence of compliance within 30 days of termination or expiration.