factual

For a Dq Treat franchise, can a licensee use any of the trademarks as part of their business entity name?

Dq_Treat Franchise · 2025 FDD

Answer from 2025 FDD Document

Please note: You cannot use any Company trademarks as part of your business entity name including DQ®, Dairy Queen®, DQ Grill & Chill®, Orange Julius®, or Blizzard®. If you do so, you will be required to change the business entity name.

Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)

What This Means (2025 FDD)

According to the 2025 Dq Treat FDD, a licensee is not allowed to use any of the brand's trademarks as part of their business entity name. This restriction is explicitly stated in the franchise agreement to protect the integrity and exclusive use of Dq Treat's trademarks. The FDD also notes that if a franchisee does use a company trademark as part of their business entity name, they will be required to change the business entity name. This requirement is in place to ensure compliance with the franchise agreement and to avoid any potential legal issues related to trademark infringement.

This policy is a standard practice in franchising, as franchisors need to maintain strict control over their brand identity. Allowing franchisees to incorporate trademarks into their business names could create confusion among customers and weaken the brand's distinctiveness. Dq Treat permits the use of the DQ® mark as the trade name of the Restaurant, but no other mark or words unless the company directs otherwise. Licensees can use the trademarks on materials like business cards, stationery, and checks, provided they accurately depict the trademarks, include a statement indicating independent ownership, and provide copies to the company upon request.

Prospective Dq Treat franchisees should carefully consider this restriction when forming their business entity. Choosing a name that complies with the franchise agreement from the outset can save time and money in the long run, avoiding the need for a name change later on. Franchisees must also post a sign in the restaurant identifying them as a franchisee of the company, acknowledging independent ownership and the company's trademark ownership.

Overall, these trademark guidelines are designed to protect Dq Treat's brand identity and ensure consistency across all franchise locations. Franchisees should familiarize themselves with these requirements and adhere to them closely to maintain a successful and compliant business operation.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.