What action is required regarding fictitious or assumed names related to the Dryject marks upon termination or expiration?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
(b) You shall not use any of the Marks as part of any corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form, nor may You use any of the Marks in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Us. You agree to give such notices of trademark and service mark registrations as We specify and to obtain such fictitious or assumed name registrations as may be required under applicable law or as requested by Us. You shall not use or seek to register any of the Marks in any manner that has not been specified or approved by Us in advance.
- DryJect Franchise Agreement 2025.0430 28 (c) You shall immediately notify Us in writing of any apparent infringement of or challenge to
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, franchisees must obtain fictitious or assumed name registrations as required by law or as requested by Dryject. The FDD does not explicitly state what action is required regarding these names upon termination or expiration of the franchise agreement. However, the agreement states that franchisees must not contest the validity or ownership of any of the Dryject marks at any time, including after termination or expiration of the agreement. Additionally, all goodwill established by the franchisee's use of the marks inures to the benefit of Dryject. This suggests that Dryject retains control over the marks and associated names.
In practical terms, this implies that upon termination or expiration of the Dryject franchise agreement, franchisees likely need to discontinue using any fictitious or assumed names associated with the Dryject marks. This is because the right to use the Dryject marks, including any associated names, is granted solely through the franchise agreement. Once the agreement ends, so does the right to use those marks.
To fully understand the franchisee's obligations, a prospective franchisee should clarify with Dryject what specific steps are required regarding the fictitious or assumed name registrations upon termination or expiration. This includes whether the franchisee must formally cancel the registrations or take other actions to ensure that Dryject retains exclusive control over the marks and associated names. Understanding these obligations is crucial for a smooth transition and to avoid any potential legal issues after the franchise agreement ends.