After the termination or expiration of a Checkers franchise, is a franchisee allowed to directly or indirectly use any Checkers Mark or imitation of a Checkers Restaurant?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon the termination or expiration (without renewal) of this Agreement, you will:
- (a) not directly or indirectly at any time or in any manner use any Mark, any colorable imitation or other indicia of a Restaurant;
- (b) take such action as may be required to cancel all fictitious or assumed name registrations relating to your use of any Mark;
- (c) notify the telephone company and all telephone directory publishers of the termination or expiration of your right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mark and to authorize transfer of the number to us or at our direction;
- (d) if we do not exercise our right to purchase the Franchised Restaurant pursuant to Section 16.04, promptly remove from the Premises, and discontinue using for any purpose, all signs, fixtures, furniture, decor items, advertising materials, forms and other materials and supplies which display any of the Marks or any distinctive features, images, or designs associated with Restaurants and, at your expense, make such alterations as may be necessary (and as we may require) to
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to the 2025 Checkers Franchise Disclosure Document, franchisees are prohibited from using any Checkers Mark or anything that imitates a Checkers restaurant after the termination or expiration of their franchise agreement. Specifically, the franchisee cannot directly or indirectly use any Mark or any colorable imitation or other indicia of a Checkers Restaurant.
In practical terms, this means that upon termination or expiration, a former Checkers franchisee must completely cease using Checkers' branding, logos, and any elements that would cause confusion with the Checkers brand. This includes removing all signs, fixtures, furniture, decor items, advertising materials, and other materials that display any of the Marks or distinctive features associated with Checkers restaurants.
Furthermore, the franchisee is responsible for making alterations to the premises to clearly distinguish it from its former appearance as a Checkers restaurant and from other Checkers restaurants. This is to prevent any possibility of confusion by the public. If the franchisee fails to properly de-identify the premises, Checkers has the right to do so and charge the franchisee for any associated losses and expenses. This is a standard practice in franchising to protect the brand's identity and goodwill.