After termination or expiration of the Jersey Mikes franchise agreement, what actions must the franchisee take regarding assumed name rights or equivalent registrations containing the name "JERSEY MIKE'S"?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.4 Franchisee shall take such action as may be necessary to assign to Franchisor or Franchisor's designee any assumed name rights or equivalent registration filed with state, city, or county authorities which c ontains the name "JERSEY MIKE'S" or any other service mark or tra demark of Franchisor of compliance with this obligation within thirty (30) days after termination or expiration of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to Jersey Mike's 2025 Franchise Disclosure Document, after the termination or expiration of the franchise agreement, the franchisee is required to take specific actions regarding any assumed name rights or equivalent registrations that include the name "JERSEY MIKE'S". The franchisee must take necessary steps to assign these assumed name rights or registrations to Jersey Mike's or its designee. This obligation extends to any assumed name rights filed with state, city, or county authorities.
This requirement ensures that Jersey Mike's maintains control over its brand identity and trademarks. By assigning these rights, the franchisee relinquishes any claim to the use of the "JERSEY MIKE'S" name in connection with a similar business after the franchise agreement ends. This prevents potential confusion among customers and protects the integrity of the Jersey Mike's brand.
The franchisee is required to provide evidence of compliance with this obligation within thirty (30) days after the termination or expiration of the agreement. This timeline emphasizes the importance of promptly transferring the rights to Jersey Mike's. Failure to comply could result in legal action or other remedies available to Jersey Mike's under the franchise agreement or applicable law.
This provision is standard in franchise agreements to protect the franchisor's brand and prevent unauthorized use of its trademarks. Prospective franchisees should understand that upon termination or expiration of the agreement, they must discontinue using the brand's name and transfer any associated rights back to the franchisor.