factual

Must a City Publications franchisee make reasonable expenditures to modify the Marks?

City_Publications Franchise · 2025 FDD

Answer from 2025 FDD Document

If it becomes advisable at any time, in Franchisor's sole discretion, for Franchisor and/or Franchisee to modify or discontinue use of any of the Marks, and/or use one (1) or more additional or substitute trade names, trademarks, service marks or other commercial symbols, Franchisee shall comply with Franchisor's directions within a reasonable time after notice to Franchisee by Franchisor. Franchisor shall not be required to reimburse Franchisee for its expenses in modifying or discontinuing the use of a Mark or any loss of goodwill associated with any modified or discontinued Mark or for any expenditures made by Franchisee to promote a modified or substitute trademark or service mark.

Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 26)

What This Means (2025 FDD)

According to City Publications' 2025 Franchise Disclosure Document, if the franchisor deems it advisable to modify or discontinue the use of any of its Marks, the franchisee must comply with the franchisor's directions within a reasonable time after receiving notice. However, City Publications is not required to reimburse the franchisee for any expenses incurred in modifying or discontinuing the use of a Mark. This includes any loss of goodwill associated with the modified or discontinued Mark, or any expenditures made by the franchisee to promote a modified or substitute trademark or service mark.

This means that as a City Publications franchisee, you bear the financial risk should the franchisor decide to rebrand or change its Marks. You would be responsible for covering all costs associated with updating signage, marketing materials, and any other items bearing the old Marks. This could potentially involve significant unforeseen expenses.

Franchisors commonly retain the right to modify their trademarks and branding. However, it is less common for the franchisee to bear the full financial burden of such changes. Prospective franchisees should carefully consider this potential cost and factor it into their financial planning. It would be prudent to discuss with City Publications what circumstances might trigger a modification of the Marks and to get an understanding of the potential costs involved.

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.