After termination or expiration of the Bonchon Franchise Agreement, what action must a franchisee take regarding assumed names containing Bonchon's proprietary marks?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
Take all necessary action to cancel any assumed name or equivalent registration which contains the Proprietary Mark "Bonchon", or any other Proprietary Mark of ours, or any variant, within fifteen days following termination or expiration of this Agreement.
If you fail or refuse to do so, we may, in your name, on your behalf and at your expense, execute all documents necessary to cause discontinuance of your use of the name "Bonchon", or any related name used under this Agreement.
You irrevocably appoint us as your attorney-in-fact to do so.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, a franchisee must take specific actions regarding assumed names containing Bonchon's proprietary marks upon termination or expiration of the Franchise Agreement. Within fifteen days following the termination or expiration of the Agreement, the franchisee must take all necessary steps to cancel any assumed name or equivalent registration that includes the proprietary mark "Bonchon" or any other Bonchon proprietary mark or variant thereof.
This requirement ensures that the franchisee no longer uses Bonchon's brand name or trademarks after the agreement ends. This prevents any potential confusion among the public and protects Bonchon's brand identity. It also stops the former franchisee from benefiting from Bonchon's goodwill and reputation after the franchise relationship has ended.
If the franchisee fails to comply with this requirement, Bonchon has the right to act on behalf of the franchisee to cancel the assumed name registrations. Bonchon is irrevocably appointed as the franchisee's attorney-in-fact to execute all necessary documents to discontinue the use of the name "Bonchon" or any related name used under the Franchise Agreement. This provision ensures Bonchon can promptly protect its brand and trademarks, even if the former franchisee is uncooperative.
This is a standard practice in franchising. Franchisors typically require franchisees to cease using their trademarks and trade names upon termination or expiration of the franchise agreement to protect the brand's integrity and prevent unauthorized use. The timeframe of fifteen days is relatively common, allowing the franchisee a short period to handle the administrative tasks associated with the cancellation.