After the Hyper Kidz agreement terminates, what are franchisees prohibited from doing regarding identifying themselves with the Hyper Kidz brand?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
19.2.1 Upon the termination or expiration of this Agreement, you shall:
(a) not thereafter, directly or indirectly, at any time or in any manner identify yourself or any business as a current or former Hyper Kidz Business or as a current or former franchisee of ours or otherwise associated with us, or use any Mark, any colorable imitation thereof or any mark substantially identical to or deceptively similar to any Mark in any manner or for any purpose, or utilize for any purpose any trade name, trademark or service mark, domain name, or other commercial symbol or trade dress that suggests or indicates a connection or association with us;
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Hyper Kidz Franchise Disclosure Document, after the franchise agreement terminates or expires, franchisees are prohibited from identifying themselves or their business as a current or former Hyper Kidz business or franchisee. This includes any association with Hyper Kidz.
Specifically, franchisees cannot use any Hyper Kidz marks, imitations of those marks, or marks that are substantially identical or deceptively similar to Hyper Kidz's marks. They are also barred from using any trade name, trademark, service mark, domain name, or trade dress that suggests a connection or association with Hyper Kidz.
This means a former Hyper Kidz franchisee must completely disassociate their business's identity from the Hyper Kidz brand to avoid any public confusion or misrepresentation. This is a standard practice in franchising to protect the brand's integrity and prevent unauthorized use of its intellectual property after a franchise agreement ends.