If the Area Developer is an Entity, can it use the Dog Haus Marks as part of its name?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
If Area Developer is an Entity, Area Developer shall not use the Dog Haus Marks, or 7.2 Franchisor's trade name, or any words or symbols which are confusingly phonetically or visually similar to the Dog Haus Marks, as all or part of Area Developer's name.
In addition, Area Developer shall not use any Dog Haus Mark (i) with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than logos licensed to Area Developer under this Agreement); (ii) in connection with unauthorized services or products; (iii) as part of any domain name or electronic address maintained on the Internet, the World Wide Web, or any other similar proprietary or common carrier electronic delivery system; or (iv) in any other manner not expressly authorized in writing by Franchisor.
Area Developer shall give all notices of trademark and service mark registration as Franchisor specifies and shall use and obtain all fictitious or assumed name registrations required by Franchisor or under applicable law.
Area Developer further agrees that no service mark other than "Dog Haus" or other Dog Haus Marks specified by Franchisor shall be used in marketing, promoting, or operating the Dog Haus Restaurants.
- 7.3 Modifications.
Franchisor reserves the right to (i) modify or discontinue licensing any of the Dog Haus Marks; (ii) add new names, marks, designs, logos or commercial symbols to the Dog Haus Marks and require that Area Developer use them; and (iii) require that Area Developer introduce or observe new practices as part of the Dog Haus System in operating the Dog Haus Restaurants.
Area Developer acknowledges and agrees that the term Dog Haus Marks means the specific names, marks, designs, logos or commercial symbols licensed by Franchisor at any given point in time, subject to Franchisor's right to impose changes.
Area Developer shall comply, at Area Developer's sole expense, with Franchisor's directions regarding changes in the Dog Haus Marks and Dog Haus System within a reasonable time after written notice from Franchisor.
Franchisor shall have no liability to Area Developer for any cost, expense, loss or damage that Area Developer incurs in complying with Franchisor's directions and conforming to required changes.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, if the Area Developer is an entity, it is explicitly prohibited from using the Dog Haus Marks, the franchisor's trade name, or any confusingly similar words or symbols as part of its name. This restriction aims to protect the Dog Haus brand and prevent any potential confusion among consumers regarding the ownership and operation of the franchise.
This limitation extends to using the Dog Haus Marks with prefixes, suffixes, or any modifying elements not expressly authorized by Dog Haus. It also prohibits the use of the Dog Haus Marks in connection with unauthorized services or products, as part of any domain name or electronic address, or in any manner not explicitly approved in writing by the franchisor. This ensures that the Area Developer's online presence and marketing efforts align with the franchisor's brand standards and do not infringe upon the Dog Haus Marks.
The Area Developer is required to use all trademark and service mark registration notices as specified by Dog Haus and obtain any necessary fictitious or assumed name registrations as required by the franchisor or applicable law. Furthermore, the agreement stipulates that only the "Dog Haus" service mark or other Dog Haus Marks specified by the franchisor can be used in marketing, promoting, or operating the Dog Haus Restaurants. This provision reinforces the franchisor's control over the brand's image and marketing strategies, ensuring consistency and preventing unauthorized use of trademarks.
Dog Haus retains the right to modify or discontinue licensing any of the Dog Haus Marks, add new marks, and require Area Developers to use them, as well as introduce new practices as part of the Dog Haus System. The Area Developer must comply with these changes at their own expense within a reasonable time after receiving written notice from Dog Haus. The franchisor bears no liability for any costs incurred by the Area Developer in conforming to these changes, highlighting the Area Developer's responsibility to adapt to the evolving brand standards and operational requirements of the Dog Haus franchise.