How long after termination or expiration of the Del Taco Franchise Agreement does a franchisee have to provide evidence of cancellation of assumed names containing the 'Del Taco' Proprietary Mark?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall take such action as may be necessary to cancel any assumed name or equivalent registration which contains the Proprietary Mark "Del Taco" and all other Proprietary Marks, and/or any other service mark or trademark, and Franchisee shall furnish Del Taco with evidence satisfactory to Del Taco of compliance with this obligation within five (5) days after termination or expiration of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a franchisee must furnish Del Taco with evidence of cancellation of any assumed names containing the 'Del Taco' Proprietary Mark within five days after the termination or expiration of the Franchise Agreement. This obligation ensures that the franchisee ceases using the Del Taco name and marks promptly upon the end of the franchise relationship.
This requirement is crucial for protecting Del Taco's brand identity and preventing any potential confusion among customers. By mandating the cancellation of assumed names, Del Taco ensures that former franchisees cannot continue to operate under a name that implies an ongoing affiliation with the Del Taco system. The quick five-day turnaround underscores the importance of a clean break in terms of branding and public representation.
For a prospective franchisee, this means being prepared to take immediate action to cancel any registered business names that include 'Del Taco' upon termination or expiration of the agreement. This includes gathering and submitting the necessary documentation to Del Taco within the specified timeframe. Failure to comply could result in legal repercussions or other enforcement actions by Del Taco to protect its trademarks and brand reputation.