Who decides if it becomes advisable to modify or discontinue use of any Browns Chicken Mark?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
If it becomes advisable at any time in the sole discretion of Brown to modify or discontinue use of any Mark and/or use one or more additional or substitute Marks, you must do so. In the event that you are required to discontinue use of the Mark, you will be responsible for all costs in connection with the modification or discontinuation of the use of the Mark and/or the substitution of a trademark or service mark for a discontinued Mark.
Source: Item 13 — TRADEMARKS (FDD pages 33–34)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, Browns Chicken has the sole discretion to determine if it is advisable to modify or discontinue the use of any of its marks. If Browns Chicken decides to modify or discontinue a mark, the franchisee must comply with this decision. The franchisee is responsible for all costs associated with modifying or discontinuing the use of the mark, including the substitution of a new trademark or service mark.
This means that Browns Chicken franchisees do not have control over the brand's trademarks and must adhere to any changes Browns Chicken deems necessary. This could involve updating signage, marketing materials, and other branded items, potentially incurring significant expenses for the franchisee. Franchisees need to be aware that these costs are their responsibility and should factor this potential expense into their financial planning.
In the event of any apparent infringement of or challenge to your use of any Mark or claim by any person of any rights in any Mark, you must immediately notify Brown. Brown will have sole discretion to take such action as it deems appropriate and the right to control exclusively any litigation or proceeding arising out of any such infringement or claim or otherwise relating to any Mark.