factual

If Zoomin Groomin discontinues a mark, what rights does the franchisee have in the discontinued mark?

Zoomin_Groomin Franchise · 2025 FDD

Answer from 2025 FDD Document

If we replace, modify, or add additional Marks, you will update or replace your supplies and advertising materials to reflect the new Marks, at your expense, in the time frame we reasonably provide at the time of such an update. Further, you can continue using such prior Marks on your then-existing Vehicle but must use the modified or additional Marks when upfitting any new Vehicle. You will have no further rights in any discontinued marks. These updates will be at your expense.

Source: Item 13 — TRADEMARKS (FDD pages 34–36)

What This Means (2025 FDD)

According to Zoomin Groomin's 2025 Franchise Disclosure Document, if Zoomin Groomin replaces, modifies, or adds trademarks, franchisees are required to update their supplies and advertising materials at their own expense to reflect the new marks within a reasonable timeframe set by Zoomin Groomin. Franchisees can continue using prior marks on their existing vehicles, but must use the updated marks when acquiring any new vehicles.

Importantly, the FDD states that franchisees will have no further rights in any discontinued marks. This means that once a mark is discontinued, the franchisee loses all rights to use that mark in their business. This includes using the mark in advertising, marketing materials, or on their vehicles (except for existing vehicles, as noted above).

This policy is fairly standard in franchising, as franchisors need to maintain control over their brand and ensure consistent branding across all franchise locations. The franchisee bears the cost of updating materials to reflect the new marks. This is a potential expense that franchisees should be aware of, as rebranding can involve significant costs for new signage, marketing collateral, and vehicle upfitting. Franchisees should inquire about the typical frequency and cost of trademark updates to better understand the financial implications.

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.