After the termination of my Focalpoint Coaching franchise, am I allowed to use any of the Focalpoint Coaching Marks?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
When this Agreement expires or is terminated:
(1) Franchisee may not directly or indirectly at any time or in any manner (except with other FocalPoint Franchised Businesses Franchisee owns and operates) identify itself or any business as a current or former FocalPoint Franchised Business or as one of Franchisor's current or former franchise owners; use any Mark, any colorable imitation of a Mark, or other indicia of a FocalPoint Franchised Business in any manner or for any purpose; or use for any purpose any trade name, trade or service mark, or other commercial symbol that indicates or suggests a connection or association with Franchisor;
(2) Franchisee agrees to discontinue the use of any Website and social media used in connection with the Franchised Business or otherwise referring to the Marks or FocalPoint Franchised Businesses;
(3) Franchisee agrees, at Franchisee's expense, to take the action required to cancel all fictitious or assumed name or equivalent registrations relating to Franchisee's use of any Mark;
(4) Franchisee agrees, at Franchisee's expense, to deliver to Franchisor within thirty (30) days all signs, sign-faces, sign-cabinets, marketing materials, forms, and other materials containing any Mark or otherwise identifying or relating to a FocalPoint Franchised Business that Franchisor requests and allow Franchisor, without liability to Franchisee or third parties for trespass or any other claim, to enter the Office and remove these items and to remove these items from any vehicles used by the Franchised Business;
(5) Franchisee agrees promptly and at Franchisee's own expense to make the alterations Franchisor specifies in Franchisor's Operations Manual (or otherwise) to distinguish the Office and the Franchised Business clearly from its former appearance and from other FocalPoint Franchised Businesses in order to prevent public confusion;
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, after the franchise agreement expires or is terminated, the franchisee is not allowed to use Focalpoint Coaching's marks. Specifically, the franchisee cannot identify themselves or any business as a current or former Focalpoint Coaching franchised business, or as one of Focalpoint Coaching's current or former franchise owners. This restriction applies directly or indirectly, and in any manner. The only exception is if the franchisee owns and operates other Focalpoint Coaching franchised businesses.
Furthermore, the franchisee is prohibited from using any mark, any imitation of a mark, or other indication of a Focalpoint Coaching franchised business for any purpose. They also cannot use any trade name, trade or service mark, or other commercial symbol that indicates or suggests a connection or association with Focalpoint Coaching. The franchisee must also discontinue using any website and social media used in connection with the franchised business that refers to the marks or Focalpoint Coaching franchised businesses.
To ensure compliance, the franchisee must cancel all fictitious or assumed name registrations related to their use of any mark, at their own expense. Within 30 days of termination, the franchisee must deliver to Focalpoint Coaching all signs, marketing materials, forms, and other materials containing any mark. Focalpoint Coaching can enter the former franchisee's office and remove these items without liability. The franchisee is also responsible for making alterations to distinguish the office from its former appearance and from other Focalpoint Coaching businesses to prevent public confusion, as specified by Focalpoint Coaching in its Operations Manual.