Does Zoomin Groomin require franchisees to use the Marks in strict compliance with prescribed rules?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
different trademark that offers or sells similar goods and services.
TRADEMARKS
The Franchise Agreement licenses to you the right to use the following principal trademarks ("Marks") registered with the U.S. Patent and Trademark Office ("USPTO"):
| Description of Mark | Serial/Registration Number | Principal or Supplemental Register of the USPTO | Registratio n Date | |---------------------------|-------------------------------|-------------------------------------------------------------------|--------------------------| | Zoomin Groomin | 3,163,391 | Principal | October 24, 2006 | | | 7,385,247 | Principal | May 14, 2024 | You must use the Marks in strict compliance with the rules we prescribe and only in connection with the conduct of the Franchised Business. We prohibit you from using the Marks in connection with the sale of any unauthorized service, or in any manner not expressly authorized in writing by us.
All required affidavits and renewals have been filed. There are currently no effective determinations of the USPTO, the Trademark Trial and Appeal Board, or any state trademark administrator or any court; or any pending infringement, opposition, or cancellation proceeding in which we unsuccessfully sought to prevent registration of a trademark in order to protect a trademark licensed by the franchisor. There are no pending material federal or state court litigation regarding our use or ownership rights in a trademark.
There are no currently effective agreements that significantly limit our rights to use or license the use of our trademarks listed in this section.
If you learn of any claim against you for alleged infringement, unfair competition, orsimilar claims about the Marks, you must promptly notify us. We are not required to take affirmative action when notified of these uses or claims.
Source: Item 13 — TRADEMARKS (FDD pages 34–36)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, franchisees must adhere to strict rules when using the company's trademarks. Zoomin Groomin mandates that franchisees use the Marks in strict compliance with the rules they prescribe and only in connection with the conduct of the Franchised Business. Franchisees are prohibited from using the Marks in connection with the sale of any unauthorized service, or in any manner not expressly authorized in writing by Zoomin Groomin.
This requirement ensures brand consistency and quality control across all Zoomin Groomin franchise locations. By adhering to the prescribed rules, franchisees maintain a uniform brand image, which can enhance customer recognition and trust. This also protects the integrity of the Zoomin Groomin brand by preventing franchisees from offering services or products that do not meet the franchisor's standards.
Furthermore, franchisees are responsible for updating their supplies and advertising materials to reflect any new, modified, or additional Marks that Zoomin Groomin introduces. While franchisees can continue using prior Marks on their existing vehicles, they must use the updated Marks when outfitting any new vehicle. These updates are at the franchisee's expense, and they will have no further rights in any discontinued marks. This ensures that all franchisees stay current with the brand's visual identity, although it may require periodic investments in new materials.
If a franchisee faces any claims of infringement or unfair competition related to the Marks, they must promptly notify Zoomin Groomin. While Zoomin Groomin has the sole right to control any administrative proceedings or litigation involving their trademarks, they are not required to participate in the franchisee's defense or indemnify them for expenses or damages. This highlights the importance of adhering to Zoomin Groomin's trademark usage guidelines to minimize the risk of legal issues.