What is the deadline for a Caring Transitions franchisee to cancel any fictitious name registrations containing the Caring Transitions trademark after termination or expiration?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges that the use of the Marks outside of the scope of this agreement or after the expiration or termination (regardless of the reason therefor) of this agreement without Franchisor's prior written consent is an infringement of Franchisor's rights, title and interest in and to the Marks.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
The 2025 Caring Transitions Franchise Disclosure Document does not specify a deadline for canceling fictitious name registrations that include the Caring Transitions trademark after the franchise agreement terminates or expires. However, the FDD does state that using the Caring Transitions trademarks outside the agreement's scope or after termination without prior written consent constitutes trademark infringement.
While a specific deadline isn't provided, the agreement emphasizes that all rights to the Caring Transitions trademarks remain with the franchisor. Upon termination, the franchisee's right to use these marks immediately ceases. This implies that franchisees should promptly discontinue any use of the Caring Transitions name in their business operations, including canceling any fictitious name registrations.
Prospective franchisees should seek clarification from Caring Transitions regarding the expected timeframe for canceling fictitious name registrations to ensure full compliance with the franchise agreement and avoid potential legal issues related to trademark infringement after the agreement ends.