What is the timeframe for a Checkersrallys franchisee to comply with directions to modify or discontinue use of any Mark?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.03 Discontinuance of Use of Marks.If it becomes advisable at any time for us and/or you to modify or discontinue use of any Mark and/or use one or more additional or substitute trademarks, service marks or trade dress, you agree to comply with our directions within a reasonable time after we provide notice to you.
We will have no liability or obligation whatsoever with respect to any such required modification or discontinuance of any Mark or the promotion of a substitute trademark, service mark or trade dress.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to the 2025 Checkersrallys Franchise Disclosure Document, if Checkersrallys finds it advisable to modify or discontinue the use of any Mark, franchisees must comply with the franchisor's directions within a reasonable time after receiving notice.
This means that Checkersrallys has the right to ask franchisees to change or stop using a trademark, service mark, or trade dress. The agreement does not specify an exact number of days, but rather states that franchisees must comply within a 'reasonable time' after receiving notice from Checkersrallys.
As the franchisee, you will not have any claim against Checkersrallys for the required modification or discontinuance of any Mark, or the promotion of a substitute trademark, service mark, or trade dress. It is important for a prospective franchisee to understand that 'reasonable time' is subjective and could depend on the extent of the changes required and how quickly the franchisee can implement them.