What proof of termination of the Devon Creek Franchise Agreement will Telephone Companies accept?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.1.3 take such action as may be necessary to cancel any assumed name or equivalent registration that contains the Mark or any other service mark or trademark of Franchisor, and Franchisee shall furnish Franchisor with evidence of compliance with this obligation which is satisfactory to Franchisor, within ten (10) days after termination or expiration of this Agreement;
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to the 2024 Devon Creek Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, the franchisee must take action to cancel any assumed name or equivalent registration that contains the Devon Creek mark or any other service mark or trademark of Devon Creek. The franchisee is then required to furnish Devon Creek with evidence of compliance with this obligation that is satisfactory to Devon Creek, within ten (10) days after termination or expiration of the Agreement.
In practical terms, this means that if a Devon Creek franchisee uses the Devon Creek name or trademarks in their telephone listings, they must cancel those listings upon termination of the franchise agreement. The franchisee must provide proof to Devon Creek that they have done so. The FDD does not specify exactly what form of evidence would be deemed "satisfactory" by Devon Creek, but it would likely include documentation from the telephone companies confirming the cancellation of the listings.
This requirement is important because it ensures that former Devon Creek franchisees do not continue to benefit from the brand's reputation after their franchise agreement has ended. It also protects Devon Creek's trademarks and service marks from being used without authorization. Prospective franchisees should clarify with Devon Creek what specific documentation is required to prove compliance with this obligation to avoid potential disputes during or after termination.