What action must a Kitchen Solvers franchisee take upon receiving notice to change the Trademarks?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not make any changes or substitutions to Trademarks unless directed by us in writing. We reserve the right to change the Trademarks at any time. Upon receipt of our notice to change the Trademarks, you must cease using the former Trademarks and commence using the changed Trademarks, at your expense. In the limited circumstance that we require you to change the Trademarks in response to a third party claim that its rights to use the Trademarks are superior to our rights, you must make the changes at your expense, except that we will reimburse you for any new signage that we determine is necessary, provided you have cooperated with any action we undertake with regard to the third party claim.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, Kitchen Solvers reserves the right to change their Trademarks at any time. Upon receiving notice to change the Trademarks, a franchisee must cease using the former Trademarks and begin using the changed Trademarks. The franchisee is responsible for bearing the expenses associated with this change.
However, there is a limited circumstance where Kitchen Solvers may provide financial assistance. If the Trademark change is required due to a third-party claim asserting superior rights to the Trademarks, the franchisee is still responsible for the expenses, but Kitchen Solvers will reimburse the franchisee for any new signage that Kitchen Solvers determines is necessary. This reimbursement is conditional upon the franchisee's cooperation with any action Kitchen Solvers undertakes regarding the third-party claim.
This clause highlights the importance of Kitchen Solvers' control over its brand and Trademarks. It also demonstrates that franchisees must be prepared to adapt to changes in branding at their own expense, unless the change is due to specific legal challenges regarding Trademark rights. Prospective franchisees should consider these potential costs when evaluating the Kitchen Solvers franchise opportunity.