Who owns the Marks for Central Bark Doggy Day Care?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
rk | Registration Number | Registration Date | |---|---|---| | | 7,072,492 | June 6, 2023 | BV IP also has applied to register the following Mark on the Principal Register of the USPTO:
| Mark | Serial Number | Application Date | |---|---|---| | PUPPY HOUR | 98,755,687 | September 17, 2024 | | (Word Mark) | | | We do not have a federal registration for the PUPPY HOUR trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
The Marks are owned by our affiliate BV IP. All required affidavits and renewals have been filed for these Marks.
There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, and the trademark administrator of any State or any court, nor are there any pending infringement, opposition or cancellation proceedings or material litigation involving the principal trademarks.
We and BV IP have entered into an Intellectual Property License Agreement effective as of March 31, 2022 (the "License Agreement"), in which BV IP granted a non-exclusive license to us to use and sublicense the use of the Marks. The License Agreement has a 99-year term, and may be terminated immediately upon a breach by us of a material term of the License Agreement, by either party upon 30 days' written notice, and without notice upon our bankruptcy or insolvency. Your rights to use the Marks under the Franchise Agreement will not be affected by the termination of the License Agreement.
Except for the License Agreement, no agreements limit our right to use or license the use of the Marks.
Source: Item 13 — Trademarks (FDD pages 34–36)
What This Means (2025 FDD)
According to Central Bark Doggy Day Care's 2025 Franchise Disclosure Document, the Marks are owned by BV IP, an affiliate of Central Bark Doggy Day Care. Central Bark Doggy Day Care and BV IP have an Intellectual Property License Agreement, effective as of March 31, 2022, granting Central Bark Doggy Day Care a non-exclusive license to use and sublicense the Marks. This license agreement has a 99-year term and can be terminated if Central Bark Doggy Day Care breaches a material term, by either party with 30 days' written notice, or immediately upon Central Bark Doggy Day Care's bankruptcy or insolvency. However, the FDD states that a franchisee's rights to use the Marks under the Franchise Agreement will not be affected if the License Agreement is terminated.
Central Bark Doggy Day Care states that they will protect franchisees against claims of infringement or unfair competition arising from the use of the Marks. This protection is contingent upon the franchisee promptly notifying Central Bark Doggy Day Care in writing of any claim or challenge and using the Marks strictly in accordance with the Franchise Agreement.
Dogs Are Us, Inc., located in Colorado Springs, Colorado, also does business as Central Bark Dog Day Care. There is an agreement between BVI and Dogs Are Us, Inc. that prohibits Dogs Are Us, Inc. from using the trademark "CENTRAL BARK" outside of the Colorado Springs metropolitan area. Central Bark Doggy Day Care also states that they do not know of any infringing uses that could materially affect a franchisee's use of the Marks.