After the termination or expiration of the Browns Chicken franchise, what is the franchisee prohibited from doing regarding the Marks?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees that after the termination or expiration of the Franchise, it will not directly or indirectly in any manner identify itself or any store, business or premises as a BROWN'S Store, a former BROWN'S Store or as a franchisee of or otherwise associated with Brown or use any Mark in any manner or for any purpose.
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
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 prohibited from certain activities related to the Browns Chicken Marks. Specifically, the franchisee cannot directly or indirectly identify themselves or any business as a current or former Browns Chicken store, or as a franchisee or licensee of Browns Chicken. They are also barred from using any Mark or any imitation of it for any purpose.
This means a former Browns Chicken franchisee must completely disassociate themselves from the Browns Chicken brand. This includes refraining from using the Browns Chicken name, logos, and other trademarks in any way that might suggest a connection to the franchise. This restriction extends to all aspects of the business, including store signage, advertising, and marketing materials.
Furthermore, the franchisee must remove all signs containing any Mark and return to Browns Chicken or destroy all menus and other forms and materials containing any Mark or otherwise identifying or relating to a Browns Chicken store. They must also remove all Marks affixed to uniforms and/or, at Browns Chicken's direction, cease to use such uniforms. The franchisee is also required to take action to cancel all fictitious or assumed names or equivalent registrations relating to the use of any Mark.
These stipulations are designed to protect Browns Chicken's brand identity and prevent any potential confusion among customers after a franchise agreement ends. Franchisees should be aware of these post-termination obligations and factor them into their business plans, as failing to comply could result in legal action from Browns Chicken.