If a Browns Chicken franchise is terminated or expires, what must the franchisee do with signs containing any of Browns Chicken's Marks?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees that after the termination or expiration of the Franchise he will: (1) not directly or indirectly at any time or in any manner identify himself or any business as a current or former BROWN'S Store, or as a franchisee or licensee of or as otherwise associated with Brown, or use any Mark or any colorable imitation thereof in any manner or for any purpose, or utilize for any purpose any trade name, trademark or service mark or other commercial symbol that suggests or indicates a connection or association with Brown; (2) remove all signs containing any Mark and return to Brown or destroy all menus and other forms and materials containing any Mark or otherwise identifying or relating to a BROWN'S Store; (3) remove all Marks affixed to uniforms and/or, at Brown's direction, cease to use such uniforms; (4) take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to his use of any Mark; (5) change the telephone number of the Store and instruct all telephone directory publishers to modify all telephone directory listings of the Store associated with any Marks when the directories are next published, or, at Brown's option, assign the telephone number to Brown or its designee; and (6) furnish to Brown, within thirty (30) days after the effective date of termination or expiration, evidence satisfactory to Brown of Franchisee's compliance with the foregoing obligations.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, after the termination or expiration of the franchise agreement, a franchisee is required to take specific actions regarding the use of Browns Chicken's trademarks and branding. The franchisee cannot identify themselves or their business as a current or former Browns Chicken store, or as being associated with Browns Chicken in any way. They are prohibited from using any of Browns Chicken's marks or anything similar that could suggest a connection to the brand.
Specifically, the franchisee must remove all signs displaying Browns Chicken's marks. They are then required to either return these signs to Browns Chicken or destroy them. Additionally, all menus, forms, and other materials that contain Browns Chicken's marks or identify the store as a Browns Chicken location must also be returned or destroyed. The franchisee must also remove Browns Chicken's marks from any uniforms, and may be required to stop using the uniforms altogether, depending on Browns Chicken's instructions.
Furthermore, the franchisee is obligated to cancel any assumed names or registrations related to the use of Browns Chicken's marks. They must also change the store's telephone number and ensure that all directory listings are modified to remove any association with Browns Chicken. Alternatively, Browns Chicken may choose to have the franchisee assign the telephone number to Browns Chicken or its designee. Within 30 days of the termination or expiration date, the franchisee must provide Browns Chicken with evidence confirming their compliance with all of these obligations. This ensures a clean break between the franchisee and the Browns Chicken brand, protecting Browns Chicken's trademarks and preventing any potential confusion among customers.