Must a Burros Fries franchisee modify any identification of the Franchised Business with the Marks upon termination of the trademark license agreement?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Upon termination of the trademark license agreement for any reason, we and franchisees must discontinue all use of the Marks in any form, remove the Marks from our website, any Website(s) or any of our franchisees' web pages, modify any and all identification of the Franchised Business with, or reference to, the Marks, and refrain from making any subsequent representation, advertisement or published statement or product sales using or in reference to the Marks, or the business previously conducted using the Marks, and take such action as shall be necessary to change any corporate name, assumed name or equivalent registration which mentions or refers to the Marks, or any mark similar thereto.
Source: Item 13 — TRADEMARKS (FDD pages 40–42)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, upon termination of the trademark license agreement, both Burros Fries and its franchisees must discontinue all use of the Marks in any form. This includes removing the Marks from any website or web pages. Franchisees must modify any and all identification of the Franchised Business with, or reference to, the Marks. They must also refrain from making any subsequent representation, advertisement, published statement, or product sales using or in reference to the Marks, or the business previously conducted using the Marks.
Furthermore, franchisees must take action to change any corporate name, assumed name, or equivalent registration which mentions or refers to the Marks, or any mark similar thereto. This ensures that there is no continued association with the Burros Fries brand after the agreement ends.
This requirement is standard practice in franchising to protect the integrity of the brand and prevent confusion among consumers after a franchise agreement terminates. It is important for prospective franchisees to understand these obligations, as failure to comply could result in legal action by Burros Fries to enforce these trademark protections.