After the Gokhale Method franchise agreement terminates, am I allowed to use any of the Gokhale Method's Marks?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
EXPIRATION
Upon termination or expiration of this Agreement for any reason, all rights granted hereunder to you shall forthwith terminate, and:
- 16.1. Cease Operations. You shall immediately cease to operate the Franchised Business, and shall not thereafter, directly or indirectly, represent to the public or hold yourself out as a present or former Gokhale Method Franchised Business. Immediately upon the expiration or termination hereof, you shall dispose of, and not transfer to anyone other than us, any Gokhale Method products, equipment or other items sold hereunder
- 16.2. Cease Use of Confidential Information and Marks. You shall immediately and permanently cease to use, in any manner whatsoever, any of our Intellectual Property, including but not limited to Confidential Information, methods, procedures and techniques associated with the System, and all Marks and distinctive forms, slogans, signs, symbols, colors, and devices associated with the System. In particular, you shall cease to use, without limitation, all signs, advertising materials, displays, stationery, forms, products and any other articles that display the Marks. You shall de-identify the Location of the Franchised Business so that there is no use or display of the Marks after the effective date of termination or expiration.
- 16.3. Cancellation of Registrations. You shall take such action as may be necessary to cancel any assumed name registration or equivalent registration obtained by you which contains the "Gokhale" word, or any other Marks, and you shall furnish us with evidence satisfactory to us of compliance with this obligation within five (5) days after termination or expiration of this Agreement.
- 16.4. Assignment of Lease. You shall, at our option, except in the event you continue to operate any other business you were operating from the same Location assign to us any interest which you have in any lease or sublease for the Location. In the event we do not elect to exercise our option to acquire the lease or sublease for the Location, you shall make such modifications or alterations to the Location (including, without limitation, the changing of, and the assigning to us of, the telephone number) immediately upon termination or expiration of this Agreement as may be necessary to distinguish the appearance of the Location from that of the Franchised Business under the System, and shall make
such specific additional changes thereto as we may reasonably request for that purpose.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, upon termination or expiration of the franchise agreement, a franchisee must immediately and permanently cease all use of Gokhale Method's intellectual property. This includes confidential information, methods, procedures, techniques, and all Marks (distinctive forms, slogans, signs, symbols, colors, and devices) associated with the Gokhale Method system.
This means a former Gokhale Method franchisee cannot use any signs, advertising materials, displays, stationery, forms, products, or any other articles that display the Marks. The franchisee must also de-identify the location of the Franchised Business to ensure no use or display of the Marks remains after termination or expiration. Furthermore, the franchisee must cancel any assumed name registrations containing the word "Gokhale" or any other Marks.
In addition, the franchisee is prohibited from using any domain names, URLs, email addresses, or home page addresses that are similar or confusing to those of Gokhale Method. They are also restricted from establishing any website using such similar or confusing domain names. The agreement explicitly states that if the franchisee continues to operate any other business, they cannot use any reproduction, counterfeit, copy, or imitation of the Marks that could cause confusion or dilute Gokhale Method's rights to the Marks, nor can they utilize any designation that suggests a former association with Gokhale Method.