If Kitchen Solvers changes the Marks, who bears the cost of compliance with the changes?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
RS (horizontal stylized logo) | Principal | 3,364,404 | 1/08/2008 | We have the right to change the Marks at any time during the term of your Franchise Agreement and to require you to comply with the changes we designate at your sole cost and expense. Your use of the Marks and any goodwill is to our exclusive benefit and you retain no rights in the Marks. You also retain no rights in the Marks upon expiration or termination of your Franchise Agreement.
You are not permitted to make any changes or substitutions of any kind in or to the use of the Marks unless we direct in writing.
We acquired the rights and ownership in the Marks from Kitchen Solvers, LLC pursuant to the Assignment Agreement we entered into on December 1, 2010, in connection with our acquisition of Kitchen Solvers, LLC's assets.
Source: Item 13 — Trademarks (FDD pages 33–34)
What This Means (2025 FDD)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, Kitchen Solvers has the right to change its Marks (trademarks, service marks, trade names and commercial symbols) at any time during the term of the Franchise Agreement. The FDD specifies that the franchisee is responsible for complying with these changes at their sole cost and expense. This means that if Kitchen Solvers decides to update or modify its branding, franchisees will bear the financial burden of implementing those changes in their own businesses.
This obligation extends to various aspects of the franchise operation that display the Marks, such as signage, marketing materials, and potentially even uniforms or vehicle wraps. The franchisee must make these changes at their own expense. This is a fairly standard practice in franchising, as franchisors need to maintain brand consistency across all locations, but it can still represent a significant and unexpected cost for franchisees.
However, there is a limited exception to this rule. If a third party claims superior rights to the Trademarks, and Kitchen Solvers determines that changes or substitutions to the Marks are required due to a trademark infringement action, the franchisee must still make the changes at their own expense. However, Kitchen Solvers will reimburse the franchisee for any new signage that Kitchen Solvers determines is necessary, provided the franchisee has cooperated with any action Kitchen Solvers undertakes regarding the third-party claim. This exception provides some financial relief to the franchisee in a specific situation, but it is contingent on Kitchen Solvers's approval and the franchisee's cooperation.