After termination or expiration of the Bumper Man franchise agreement, what actions must the franchisee take regarding fictitious or assumed names related to the use of any Mark?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Marks. Franchisee may not directly or indirectly at any time or in any manner use any Mark, including any use of Marks in a derogatory, negative, or other inappropriate manner in any media, including, but not limited to, print or electronic media; use any colorable imitation of a Mark in any manner or for any purpose; utilize for any purpose any trade name, trade or service mark or other commercial symbol or other indicia that indicates or suggests a connection or association with Franchisor or the Bumper Business; identify any business as a former Bumper Business; or identify itself as one of Franchisor's licensees or franchisees. Franchisee will take such action as may be required to cancel all fictitious or assumed names or equivalent registrations, if any, relating to its use of any Mark.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, after the franchise agreement expires or is terminated, the franchisee must cancel all fictitious or assumed names or equivalent registrations related to the use of any Mark. This means the franchisee must take the necessary steps to legally dissolve any business names or registrations that imply an association with the Bumper Man brand.
This requirement ensures that the franchisee cannot continue to operate under a name that suggests they are still part of the Bumper Man franchise system after the agreement ends. It protects Bumper Man's brand identity and prevents potential confusion among customers.
For a prospective franchisee, this obligation highlights the importance of understanding the post-termination requirements and the need to take prompt action to comply with them. Failure to cancel these names could lead to legal issues and potential disputes with Bumper Man. Franchisees should consult with legal counsel to ensure they properly handle the cancellation of any fictitious or assumed names.