If Dryject substitutes different marks, who is responsible for the costs of changing signs or advertising materials?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
We may substitute different Marks to identify the business conducted under the DryJect® System if we can no longer use or license the Marks, or if we decide that substitution of different Marks is good for the business. If that happens, you must make the modifications required by us within a reasonable time after you are notified that we have decided to substitute different trademarks to identify your Franchised Business and you will be responsible for your tangible costs of complying (for example, changing signs or advertising materials). You must not directly or indirectly contest our right to our Marks, trade secrets or business techniques that are part of our business.
Source: Item 13 — TRADEMARKS (FDD pages 35–36)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, if Dryject decides to substitute different marks to identify the franchised business, the franchisee is responsible for the tangible costs of complying with these changes. This includes expenses related to changing signs or advertising materials.
This means that if Dryject determines it is necessary to use a different trademark for the business, franchisees will have to bear the financial burden of updating their business's signage, marketing collateral, and any other materials that display the trademark. The FDD specifies that franchisees must make these modifications within a reasonable time after being notified by Dryject.
This requirement could pose a significant financial risk for franchisees, especially if a rebranding involves extensive changes. Franchisees should factor in potential rebranding costs when assessing the overall investment and profitability of a Dryject franchise. It is important to clarify with Dryject what circumstances might lead to a trademark substitution and to estimate the potential costs associated with such changes.
While it is not uncommon for franchisors to update branding over time, it is less typical for the franchisee to bear the full cost of such changes. Prospective franchisees should carefully consider this aspect of the agreement and discuss with existing franchisees how often Dryject has changed its branding in the past and what costs were involved.