What section of the Zoomin Groomin Franchise Agreement covers trademarks?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
1.10. Trademarks
A. Use of our Marks
We allow and require you to use our trademarks and service marks ("Marks") to hold out your Franchised Business to the public. You will use only our Marks as we develop them for this purpose. Use of our Marks must be in accordance with our Manual.
B. Changes to the Marks
We may update or change our Marks. We may replace, modify, or add to our Marks. If we replace, modify, or add additional Marks, you will update or replace your supplies, etc. to reflect the new Marks, at your expense, in the time frame we provide at the time of such an update.
C. Marks Within a Company Name
You may not use the words "Zoomin Groomin" or any confusingly similar words as any part of the name of a corporation, LLC, or other entity. However, "Zoomin Groomin" followed by your entity number, or such other designation as we will specify, will be your "doing business as" name for an entity which owns this franchise, sometimes also called your "assumed name," "trading as" name, or "fictitious name."
D. No confusingly similar marks
You will avoid using any Marks that could be confused with our Marks.
E. Infringement Claims
If you learn of any claim against you for alleged infringement, unfair competition, or similar claims about the Marks, you must promptly notify us.
F. Control of Proceedings
We have the sole right to control any administrative proceedings or litigation involving a trademark licensed by us to you.
G. Name and Likeness
You give us permission to use your name and likeness in all forms and media for advertising, trade, and any other lawful purposes.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to the 2025 Zoomin Groomin Franchise Disclosure Document, the use of trademarks is covered in Section 1.10 of the Franchise Agreement. This section outlines the franchisee's rights and responsibilities regarding the use of Zoomin Groomin's trademarks and service marks, referred to as "Marks." Zoomin Groomin requires franchisees to use their Marks to represent their Franchised Business to the public, and this use must align with the guidelines provided in their Manual.
Zoomin Groomin retains the right to update or change their Marks, and franchisees are responsible for updating their supplies and materials to reflect these changes within a specified timeframe and at their own expense. Franchisees are restricted from using "Zoomin Groomin" or any confusingly similar words as part of their corporate or entity name. However, they can use "Zoomin Groomin" followed by their entity number as their "doing business as" name.
To protect the brand, franchisees must avoid using any marks that could be confused with Zoomin Groomin's Marks. If a franchisee faces any claims of infringement or unfair competition related to the Marks, they must promptly notify Zoomin Groomin, who has the sole right to control any legal proceedings involving the licensed trademarks. Additionally, franchisees grant Zoomin Groomin permission to use their name and likeness for advertising and other lawful purposes.