factual

What does the Canine Dimensions MAR agreement say about the right to use the marks in section 7.2?

Canine_Dimensions Franchise · 2025 FDD

Answer from 2025 FDD Document

steps reasonably necessary to preserve and protect the ownership and validity in and of the Marks.

7.2 Right to Use

With respect to Franchisee's use of the Marks, Franchisee agrees that:

  • 7.2.1 Franchisee will use only the Marks designated by Franchisor, and will use them only in the manner Franchisor authorizes and permits.
  • 7.2.2 Franchisee will use the Marks only for the operation of the Franchised Business or in advertising for the Franchised Business. Franchisor reserves the right to approve all signs, memos, stationery, business cards, advertising material, forms and all other objects and supplies using the Marks. All advertising, publicity, point of sale materials, signs, decorations, furnishings, equipment, or other materials employing the words "Canine Dimensions" shall be in accordance with this Agreement and the Manual, and Franchisee shall obtain Franchisor's approval prior to such use.
  • 7.2.3 Unless otherwise authorized or required by Franchisor, Franchisee will operate and advertise the Franchised Business only under the name "Canine Dimensions" without prefix or suffix.
  • 7.2.4 During the Term and any successor agreement, Franchisee must identify itself as the owner of the Franchised Business in conjunction with any use of the Marks, including, but not limited to, on invoices, order forms, receipts, and contracts. Franchisee must post a conspicuous notice on any documents used with Franchisee's customers and Associates that states: "EACH CANINE DIMENSIONS BUSINESS IS INDEPENDENTLY OWNED AND OPERATED" or any modification of this statement as Franchisor requires. Franchisee must include this disclaimer on all business cards, stationery, promotional and advertising materials, website and Internet communications, real estate documents, and all other materials Franchisee uses. In all public records, in relationships with other persons, and on letterhead and business forms, Franchisee must indicate its independent ownership of the Franchised Business and that Franchisee is solely a franchisee of Canine Dimensions Franchising, LLC.
  • 7.2.5 Franchisee's right to use the Marks is limited to such uses as are authorized under this Agreement, and any unauthorized use of them will be considered infringement.
  • 7.2.6 Franchisee must not use the Marks to incur any obligation or indebtedness on behalf of Franchisor.
    • 7.2.7 Franchisee will not use the Marks as part of its Business Entity name.
  • 7.2.8 Franchisee must comply with Franchisor's instructions in filing and maintaining a requisite trade name or fictitious name registration, and shall execute any documents deemed necessary by Franchisor or its counsel to obtain protection for the Marks or to maintain their continued validity and enforceability.
  • 7.2.9 In the event that litigation involving the Marks is instituted or threatened against Franchisee, Franchisee must promptly notify Franchisor and must cooperate fully in defending or settling such litigation.
    • 7.3 Acknowledgments. Franchisee expressly understands, acknowledges, and agrees that:
  • 7.3.1 The Marks are valid and serve to identify the System and those who are authorized to operate under the System. Franchisee will not ever directly or indirectly contest the validity or Franchisor's or the licensor's ownership of the Marks.

Source: Item 22 — CONTRACTS (FDD page 36)

What This Means (2025 FDD)

According to Canine Dimensions' 2025 Franchise Disclosure Document, section 7.2 of the franchise agreement outlines the franchisee's rights and restrictions regarding the use of Canine Dimensions' marks. The agreement specifies that franchisees can only use the marks designated by Canine Dimensions and in the manner authorized by them. This use is restricted to the operation and advertising of the franchised business. All materials using the Canine Dimensions name, including signs, advertising, and stationery, must comply with the agreement and the manual, and require prior approval from Canine Dimensions.

Furthermore, franchisees must operate and advertise solely under the name "Canine Dimensions" unless otherwise directed. During the term of the agreement, franchisees must identify themselves as the owners of the franchised business in conjunction with any use of the marks, including on invoices and contracts. Franchisees must also post a conspicuous notice stating that each Canine Dimensions business is independently owned and operated on documents used with customers and associates, including business cards and promotional materials.

The agreement also clarifies that the franchisee's right to use the marks is limited to authorized uses, with any unauthorized use considered infringement. Franchisees cannot use the marks to incur obligations on behalf of Canine Dimensions or as part of their business entity name. They must also comply with Canine Dimensions' instructions for trade name or fictitious name registrations and cooperate in protecting the marks. In the event of litigation involving the marks, franchisees must promptly notify and cooperate with Canine Dimensions.

These stipulations ensure brand consistency and protect Canine Dimensions' trademarks, while also clarifying the franchisee's role as an independent business owner operating under the Canine Dimensions brand. Prospective franchisees should carefully review these conditions to understand the scope and limitations of their rights to use the Canine Dimensions marks.

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.