If Browns Chicken decides to modify or discontinue use of any Mark, must the franchisee comply?
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, franchisees must comply if Browns Chicken decides to modify or discontinue the use of any Mark. Browns Chicken has the sole discretion to make these changes, and franchisees are obligated to implement them.
This requirement means that a Browns Chicken franchisee must be prepared to adapt their business's branding and signage to align with any changes Browns Chicken makes to its trademarks or service marks. This could involve updating menus, signage, marketing materials, and other branded items. The franchisee is responsible for all costs associated with these modifications or discontinuations, including the substitution of a trademark or service mark.
This stipulation is fairly standard in franchising, as franchisors need to maintain consistent branding across all locations to protect the overall value of the brand. However, the fact that the franchisee bears the costs of these changes is an important consideration. A prospective Browns Chicken franchisee should factor in potential rebranding expenses when evaluating the financial viability of the franchise.