Who owns the trademarks 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.
We will protect you against any claims of infringement or unfair competition brought against you and arising out of the use of the Marks and will defend you in any legal action arising therefrom provided you have promptly notified us in writing of the facts of the claim or challenge, and provided you have used the Marks in strict accordance with the provisions of the Franchise Agreement.
We and BV IP have the exclusive right to control or settle any legal actions or proceedings. we and BV IP may prosecute or defend any other actions or proceeding necessary or desirable for the protection of our trade names, logos, or future service marks and you agree not to contest our or BV IP's right, title, or interest in 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 trademarks are owned by BV IP, an affiliate of the franchisor. Central Bark Doggy Day Care has an Intellectual Property License Agreement with BV IP, effective as of March 31, 2022, granting Central Bark Doggy Day Care a non-exclusive license to use and sublicense the trademarks. This license agreement has a 99-year term but can be terminated if Central Bark Doggy Day Care breaches a material term, or 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 right to use the marks under the Franchise Agreement will not be affected by the termination of the License Agreement.
Central Bark Doggy Day Care states that they will protect franchisees against claims of infringement or unfair competition arising from the use of the trademarks, and will defend franchisees in any legal action, provided the franchisee promptly notifies Central Bark Doggy Day Care in writing and uses the trademarks in strict accordance with the Franchise Agreement. The FDD also mentions that Dogs Are Us, Inc., which does business as Central Bark Dog Day Care in Colorado Springs, Colorado, is restricted from using the "CENTRAL BARK" trademark outside of that metropolitan area due to an agreement with BVI.
Prospective franchisees should note that Central Bark Doggy Day Care does not have a federal registration for the PUPPY HOUR trademark, which means it may not have the same legal protections as federally registered trademarks. If the right to use this trademark is challenged, franchisees may have to switch to an alternative trademark, potentially increasing their expenses. The Franchise Agreement grants franchisees the right to operate under the registered marks for their franchised business. Several principal marks are registered with the United States Patent and Trademark Office (USPTO).