factual

Can a Caring Transitions franchisee relocate their franchised business without approval?

Caring_Transitions Franchise · 2025 FDD

Answer from 2025 FDD Document

PROPRIETARY MARKS

  • 8.1 Use by Franchisee. Franchisee's right to use the Marks as granted in this agreement is limited to their use in connection with the operation of the franchised business within the Territory described in Section 1.2 and otherwise as described in this agreement and as set forth in the Manual or as may be prescribed in writing by Franchisor from time to time. Franchisee shall operate the franchised business under the trade name CARING TRANSITIONS along with any geographic appellation that Franchisor may designate. Franchisee shall not use any other trademark, trade name, geographic appellation, or assumed name in connection with the franchised business without Franchisor's prior written consent. Franchisee shall use the trade name CARING TRANSITIONS and/or any other Marks designated by Franchisee when providing Permitted Products and Services.
  • 8.2 Exclusive Property of Franchisor.

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)

What This Means (2025 FDD)

Based on the 2025 Caring Transitions Franchise Disclosure Document, a franchisee's right to use the Caring Transitions marks is limited to the territory described in the franchise agreement. Specifically, the FDD states that the franchisee's right to use the marks is limited to the operation of the franchised business within the Territory described in Section 1.2. This implies that operating outside of the designated territory, or relocating the business, would require franchisor approval.

Furthermore, the franchisee must operate the franchised business under the trade name CARING TRANSITIONS along with any geographic designation that Caring Transitions may specify. The franchisee cannot use any other trademark, trade name, geographic appellation, or assumed name in connection with the franchised business without Caring Transitions's prior written consent. This reinforces the importance of adhering to the approved location and branding guidelines.

If a franchisee were to relocate or operate outside their approved territory without permission, it would be considered an infringement of Caring Transitions's rights to the marks. The FDD explicitly states that using the marks outside the scope of the agreement or after termination without prior written consent is an infringement. Therefore, a franchisee needs explicit approval to relocate their Caring Transitions business.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.