factual

What is the Noodles & Company franchisee's obligation if Noodles & Company decides to modify or discontinue the use of any Mark?

Noodles_Company Franchise · 2025 FDD

Answer from 2025 FDD Document

If it becomes advisable at any time for us and/or you to modify or discontinue use of any Mark and/or use one or more additional or substitute trademarks, service marks or trade dress, you must comply with our directions within a reasonable time after notice. You must bear all costs and expenses applicable to your Noodles & Company restaurant should we decide to modify the Marks or adopt new marks. We will have no liability or obligation regarding any required modification or discontinuance of any Mark or the promotion of a substitute trademark, service mark or trade dress.

Source: Item 13 — TRADEMARKS (FDD pages 53–58)

What This Means (2025 FDD)

According to the 2025 Noodles & Company Franchise Disclosure Document, if Noodles & Company decides to modify or discontinue the use of any Mark, franchisees must comply with the company's directions within a reasonable time after receiving notice. This includes adopting additional or substitute trademarks, service marks, or trade dress.

This obligation extends to bearing all costs and expenses applicable to the franchisee's Noodles & Company restaurant that arise from the modification of existing Marks or the adoption of new ones. It is important to note that Noodles & Company assumes no liability or obligation for any required modification or discontinuance of any Mark, nor for the promotion of any substitute trademark, service mark, or trade dress.

In practical terms, this means a Noodles & Company franchisee could face unexpected expenses if the brand decides to rebrand or update its image. These costs could include new signage, marketing materials, and other changes necessary to align the restaurant with the updated branding. The franchisee is responsible for these costs, and Noodles & Company offers no financial assistance or compensation for these changes. This is a potentially significant financial risk that prospective franchisees should carefully consider.

While it is common for franchisors to update their branding periodically, the FDD makes it clear that Noodles & Company franchisees bear the full financial burden of these changes. Franchisees should inquire about the likelihood and potential costs of such changes during their due diligence process.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.