Does Dog Haus claim common law rights to the trade and service marks it licenses?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
Since we do not have a federal trademark registration of the mark with serial number 97,116,962 and neither we nor the Operating Company has a federal trademark registration for any of the marks in the table immediately above, these marks do not have as many legal benefits and rights as a federally registered trademark. If our right to use these trademarks is challenged, you may have to change to alternative trademarks, which may increase your expenses. However, we claim common law rights to the trade and service marks we license to you.
Source: Item 13 — TRADEMARKS (FDD pages 57–60)
What This Means (2025 FDD)
According to the 2025 Dog Haus Franchise Disclosure Document, Dog Haus claims common law rights to the trade and service marks it licenses to franchisees. However, Dog Haus does not have a federal trademark registration for the mark with serial number 97,116,962, and neither Dog Haus nor its Operating Company has a federal trademark registration for all of the marks.
This means that while Dog Haus asserts rights based on use and recognition of its marks, these rights may not be as strong or easily defended as those conferred by a federal registration. As the FDD states, if Dog Haus's right to use these trademarks is challenged, a franchisee may have to change to alternative trademarks, which may increase expenses.
Prospective franchisees should be aware of the risks associated with trademarks that are not federally registered. While Dog Haus claims common law rights, the lack of federal registration could lead to potential challenges and increased costs for franchisees if trademark disputes arise. It would be prudent for a potential franchisee to discuss the scope and strength of these common law rights with Dog Haus and to conduct their own due diligence regarding potential trademark conflicts in their specific market.