After termination or expiration of a Browns Chicken franchise, what action must the franchisee take concerning fictitious or assumed names related to the Browns Chicken Mark?
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 the 2025 Browns Chicken Franchise Disclosure Document, after the termination or expiration of a franchise, the franchisee must take specific actions regarding any fictitious or assumed names related to the Browns Chicken Marks. The franchisee is required to take action to cancel all fictitious or assumed names or equivalent registrations relating to their use of any Mark. This means the franchisee must formally discontinue any business names or registrations that imply an association with Browns Chicken.
In addition to cancelling assumed names, the franchisee must also avoid identifying themselves as a current or former Browns Chicken store, franchisee, or licensee. They must remove all signs containing any Mark and return or destroy all menus and other materials containing any Mark. Furthermore, franchisees must remove Browns Chicken Marks from uniforms or cease using the uniforms altogether, as directed by Browns Chicken.
These requirements ensure that upon termination or expiration of the franchise agreement, the franchisee completely dissociates from the Browns Chicken brand. This protects Browns Chicken's brand identity and prevents potential confusion among customers. Franchisees should be aware of these obligations and take the necessary steps to comply with them to avoid any legal issues after the franchise agreement ends.