Is a Hydrodog franchisee required to use the Hydrodog Marks in operating their Hydrodog Business?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
usinesses providing the services or products.
ITEM 13 TRADEMARKS
Primary Trademarks
We grant you the right to use certain trademarks, service marks and other commercial symbols in operating your HydroDog Business. The primary trademarks we use are the "HydroDog" (wordmark and design mark) and other names, logos, symbols, and associated designs and trade dress (the "Marks"). You may use and we require you to use the Marks in operating your HydroDog Business.
Trademark Registration
We registrations for the following Marks on the Principal Register of the United States Patent and Trademark Office (the "PTO"):
| MARK | REGISTRATION NUMBER | REGISTRATION DATE | |
|---|---|---|---|
| HYDRODOG (word mark) | Reg: 3858755 | Reg: October 12, 2010 Renewed: April 12, 2017 and September 23, 2020 | |
| Reg: 7279683 | Reg: January 16, 2024 |
We have filed all required affidavits and renewals due for our principal trademarks.
You agree to follow our rules when using the Marks and not use our name or Mark as part of a corporate name or with modifying words, designs, or symbols unless you receive our prior written consent.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, franchisees are indeed required to use the Hydrodog Marks in operating their Hydrodog business. The "Marks" encompass the "HydroDog" wordmark and design mark, along with other names, logos, symbols, associated designs, and trade dress. This mandatory use ensures brand consistency across all Hydrodog franchise locations, which is a common practice in franchising to maintain a unified brand identity and customer experience.
Hydrodog franchisees must adhere to Hydrodog's rules when using the Marks and cannot use the Hydrodog name or Marks as part of a corporate name or with modifying words, designs, or symbols without prior written consent from Hydrodog. Additionally, franchisees are prohibited from using the Marks in connection with the sale of any product or service not previously authorized by Hydrodog in writing. These restrictions are typical in franchise agreements to protect the integrity and exclusivity of the brand.
Furthermore, Hydrodog franchisees are obligated to immediately notify Hydrodog of any use of, or claims to, a mark identical or confusingly similar to Hydrodog's marks. While Hydrodog has the right, but not the obligation, to take action against any third party using a similar mark, franchisees are required to participate in any such action at their own expense. Hydrodog retains the right to control any litigation or administrative proceedings, including settlements. This clause highlights the franchisee's responsibility to protect the brand's trademarks and the potential costs associated with legal actions, even if initiated by Hydrodog.