What must a Capriottis Sandwich Shop franchisee do with materials bearing the Marks after termination?
Capriottis_Sandwich_Shop Franchise · 2025 FDDAnswer from 2025 FDD Document
11.3 Franchisee shall immediately return to Franchisor any property held or used by Franchisee which is owned by Franchisor and shall cease to use, and shall either destroy or convey to Franchisor, all signs, advertising materials, displays, stationary, forms and any other materials that bear or display the Marks.
11.4 Franchisee shall take such actions as may be necessary to cancel any assumed name or similar registration which contains the Mark "CAPRIOTTI'S" or any other Marks of Franchisor and Franchisee shall furnish Franchisor with evidence satisfactory to Franchisor of compliance with its obligation within thirty (30) days after termination or expiration of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 73)
What This Means (2025 FDD)
According to the 2025 Capriottis Sandwich Shop Franchise Disclosure Document, after termination of the franchise agreement, a franchisee must cease using all materials that bear the company's Marks. Specifically, the franchisee must either destroy these materials or convey them to Capriottis Sandwich Shop. These materials include signs, advertising materials, displays, stationary, forms, and any other items displaying the Marks.
This requirement ensures that the franchisee no longer represents themselves as being associated with the Capriottis Sandwich Shop brand after the franchise agreement ends. This protects the integrity and consistency of the brand by preventing unauthorized use of its trademarks and logos. It is a standard practice in franchising to ensure brand uniformity and prevent consumer confusion.
Additionally, the franchisee must cancel any assumed name or similar registration containing the "CAPRIOTTI'S" mark or any other Marks of Capriottis Sandwich Shop, providing satisfactory evidence of compliance within 30 days of termination or expiration. This step further ensures that the franchisee disassociates themselves from the brand in an official and legal capacity. Failing to comply with these requirements could result in legal action from Capriottis Sandwich Shop to protect its brand and trademarks.