factual

Under what trade name must a Hawaiian Bros Island Grill franchisee conduct operations?

Hawaiian_Bros_Island_Grill Franchise · 2025 FDD

Answer from 2025 FDD Document

You must conduct the operations of your Restaurant under the Hawaiian Bros Island Grill trade name unless otherwise approved by us in writing. You may not use the words "Hawaiian Bros Island Grill" or any other Mark designated by us for the System as part of the corporate or other legal name of your business entity.

Source: Item 13 — TRADEMARKS (FDD pages 53–55)

What This Means (2025 FDD)

According to Hawaiian Bros Island Grill's 2025 Franchise Disclosure Document, a franchisee must operate their restaurant under the "Hawaiian Bros Island Grill" trade name, unless the franchisor provides written approval to do otherwise. The FDD also specifies that franchisees cannot use "Hawaiian Bros Island Grill" or any other designated mark as part of their business entity's legal name. This requirement ensures brand consistency across all franchise locations.

This requirement is typical in franchising, as franchisors need to maintain uniform branding to protect their trademarks and ensure customers have a consistent experience. Hawaiian Bros Island Grill retains control over any litigation related to trademark infringements, including the decision to pursue legal action or settlements. Franchisees are obligated to promptly report any infringements or challenges to the use of the marks and assist in any related actions.

While Hawaiian Bros Island Grill covers the costs of protecting its trademarks, franchisees may be responsible for costs if the challenge arises from their misuse of the marks. The franchisor also reserves the right to modify or discontinue any mark, and franchisees must comply with these changes at their own expense, which may include the cost of replacing signage. This highlights the importance of adhering to the franchisor's brand standards and trademark usage guidelines to avoid potential legal and financial repercussions.

Furthermore, the Hawaiian Bros Island Grill FDD lists several registered trademarks, including "HAWAIIAN BROS — ISLAND GRILL —" registered on June 8, 2021 under registration number 6382084, and "HOME OF THE PLATE LUNCH" registered on February 11, 2025 under registration number 7684418. These marks are registered on the Principal Register, indicating their legal protection and significance to the brand.

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.