What is the exception to the rule that a Hawaiian Bros Island Grill franchisee cannot use the 'Hawaiian Bros Island Grill' name?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may not use "Hawaiian Bros Island Grill" or any of Company's other Marks, or any abbreviation, acronym or variation of the Marks, as part of its legal name, as part of the name of any Business Entity in which Franchisee owns or holds an interest, or as part of any email address, domain name registration, Social Media name, or other identification of Franchisee's business, regardless of the medium.
However, Franchisee may, if required by law, file an assumed name or fictitious name certificate to the effect that Franchisee is operating the Franchised Restaurant under the Hawaiian Bros Island Grill trade name or service mark.
Source: Item 23 — RECEIPTS (FDD pages 77–262)
What This Means (2025 FDD)
According to the 2025 Hawaiian Bros Island Grill FDD, a franchisee generally cannot use the 'Hawaiian Bros Island Grill' name as part of their legal business name, email address, social media, or any other business identification. This restriction is in place to protect the brand's uniformity and image.
However, there is an exception to this rule. If required by law, a Hawaiian Bros Island Grill franchisee may file an assumed name or fictitious name certificate. This certificate would state that the franchisee is operating the franchised restaurant under the 'Hawaiian Bros Island Grill' trade name or service mark.
This exception acknowledges that local regulations may necessitate franchisees to register the business name under which they are operating, even if it includes the franchisor's trademark. This ensures that the franchisee is compliant with local laws while still operating under the Hawaiian Bros Island Grill brand.