Under what condition can City Wide require a City Wide franchisee to discontinue use of a Mark?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.4 If it becomes advisable at any time, at CITY WIDE's sole and absolute right, for CITY WIDE and/or Franchisee to modify or discontinue the use of any of the Marks, and/or use one or more additional or substitute trade names, trademarks, service marks, or other commercial symbols, Franchisee will comply with CITY WIDE's directions within a reasonable time after Franchisee receives notice from CITY WIDE, and CITY WIDE will have no liability or obligation whatsoever to Franchisee concerning CITY WIDE's modification or discontinuance of any of the Marks.
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to the 2025 City Wide Franchise Disclosure Document, City Wide has the sole and absolute right to require a franchisee to modify or discontinue the use of any of the Marks. This decision is made at City Wide's discretion. City Wide also reserves the right to implement additional or substitute trade names, trademarks, service marks, or other commercial symbols.
If City Wide directs a franchisee to modify or discontinue the use of any Marks, the franchisee must comply within a reasonable time after receiving notice from City Wide. City Wide assumes no liability or obligation to the franchisee regarding the modification or discontinuance of any Marks.
This clause gives City Wide broad authority over its brand and marks, allowing it to adapt to market changes, legal challenges, or rebranding efforts. For a prospective franchisee, this means they must be prepared to change their branding and marketing materials if City Wide deems it necessary, and they will not be entitled to compensation for any costs incurred as a result of these changes.