Must a Burros Fries franchisee refrain from making any advertisement using the Marks after 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 their websites and any web pages.
Furthermore, franchisees must modify any identification of the Franchised Business that references the Marks. Most importantly, they must refrain from making any subsequent representation, advertisement, or published statement or product sales using or referencing the Marks, or the business previously conducted using the Marks.
To ensure compliance, franchisees must also take necessary actions to change any corporate name, assumed name, or equivalent registration that mentions or refers to the Marks, or any similar mark. This comprehensive restriction ensures that franchisees completely cease using the Burros Fries brand and associated trademarks after the termination of their franchise agreement.