Does All Dogs Unleashed conduct exhaustive searches of users of names similar to their marks?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
There is no presently effective determination of the U.S. Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, nor any pending infringement,
opposition, or cancellation proceeding, nor any pending material litigation involving the Marks which is relevant to their ownership, use, or licensing. There are no directly infringing uses actually known to us that could materially affect your use of the Marks, however, we have not conducted an exhaustive search of users of names which may be the same or similar to our marks.
Source: Item 13 — TRADEMARKS (FDD pages 27–28)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, All Dogs Unleashed acknowledges that it has not conducted exhaustive searches of users of names which may be the same or similar to their marks. This means that while All Dogs Unleashed is unaware of any directly infringing uses that could materially affect a franchisee's use of the All Dogs Unleashed marks, there could be similar businesses operating under similar names.
For a prospective All Dogs Unleashed franchisee, this presents a potential risk. If another business with a similar name exists, it could lead to customer confusion or even legal disputes over trademark infringement. While All Dogs Unleashed states they are unaware of any such uses that would materially affect a franchisee, the lack of an exhaustive search means this risk cannot be fully discounted.
In the event of a lawsuit relating to a franchisee's use of the marks or copyrighted works, the franchisee must sign all required documents and do all things that All Dogs Unleashed considers necessary to carry out the defense or prosecution, which may include becoming a nominal party to the action. Unless the action results from the franchisee's use of the marks or copyrighted works in a manner inconsistent with the terms of the Franchise Agreement, All Dogs Unleashed will reimburse the franchisee for associated costs. All Dogs Unleashed also has the right to create new, modified, or replacement marks, and require franchisees to use them at the franchisee's expense within 60 days of written notice.
Given this information, a prospective All Dogs Unleashed franchisee should consider conducting their own due diligence to assess the potential for trademark conflicts in their specific market. This could involve searching business name registries and online directories to identify any businesses with similar names. Additionally, a franchisee may want to discuss with All Dogs Unleashed what support they would provide if a trademark conflict were to arise despite their lack of an exhaustive search.