What are the limitations on a Central Bark Doggy Day Care franchisee's use of the proprietary marks?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
B. LIMITATIONS ON FRANCHISEE'S USE OF MARKS
Franchisee acknowledges that the use of the Marks outside of the scope of this Agreement, without Franchisor's prior written consent, is an infringement of Franchisor's license to the right, title and interest in and to the Marks, and expressly covenants that during the term of this Agreement, and after the expiration or termination hereof, Franchisee shall not, directly or indirectly, commit an act of infringement or contest or aid in contesting the validity or ownership of Franchisor's Marks, or take any other action in derogation thereof.
Franchisee shall operate the Franchised Business under the trade name, "CENTRAL BARK," or any name designated by Franchisor and shall use no other name.
Franchisee shall not use the Marks: (a) as part of Franchisee's corporate or other legal name, nor hold out or otherwise employ the Marks to perform any activity, or to incur any obligation or indebtedness, in such a manner as could reasonably result in making Franchisor liable therefor; (b) as part of any website, domain name, email address, social media account, user name, other online presence or identification of Franchisee in any electronic medium of any kind ("Online Presence"), except in accordance with Franchisor's guidelines set forth in the Operating Manual or otherwise in writing from time to time; or (c) in advertising any prospective transfer that would require Franchisor's approval under XVIII.
Franchisee understands and acknowledges that each and every detail of Franchisor's System is important in order to develop and maintain high and uniform standards of quality and service and hence to protect and enhance the reputation and goodwill of Franchisor. Franchisee accordingly agrees:
Source: Item 23 — Receipts (FDD pages 53–106)
What This Means (2025 FDD)
According to Central Bark Doggy Day Care's 2025 Franchise Disclosure Document, franchisees face several limitations regarding the use of the brand's proprietary marks. Franchisees acknowledge that using the marks outside the scope of the franchise agreement, without prior written consent from Central Bark Doggy Day Care, infringes upon the franchisor's rights. Franchisees also agree not to contest the validity or ownership of Central Bark Doggy Day Care's marks.
Specifically, franchisees must operate under the trade name "CENTRAL BARK," or any other name designated by the franchisor, and are prohibited from using any other name. The use of the marks is restricted in several ways: it cannot be part of the franchisee's corporate or legal name in a way that could make Central Bark Doggy Day Care liable for the franchisee's obligations. Furthermore, the marks cannot be used as part of any website, domain name, email address, social media account, or any other online presence, unless it adheres to the guidelines set forth in the Operating Manual or in writing by Central Bark Doggy Day Care. Finally, the marks cannot be used in advertising any prospective transfer of the franchise that would require the franchisor's approval.
These limitations are typical in franchising, as they protect the brand's identity and reputation. By restricting how franchisees use the trademarks, Central Bark Doggy Day Care ensures consistent branding and prevents franchisees from misusing the marks in ways that could harm the brand. Franchisees must adhere to these guidelines to maintain the integrity of the Central Bark Doggy Day Care brand and avoid potential legal issues related to trademark infringement.
Upon termination or expiration of the Franchise Agreement, the franchisee must cease all use of the marks, including advertising and any other manner of use. They must also stop identifying themselves as a current or former Central Bark Doggy Day Care franchisee (except when operating other Central Bark Doggy Day Care locations under a valid agreement). The franchisee is obligated to change their business name and cancel any assumed name registrations that include "CENTRAL BARK" or any other mark of the franchisor. If the franchisee fails to do so, Central Bark Doggy Day Care is authorized to take these actions on the franchisee's behalf.