Does Hydrodog have any pending infringement, opposition, or cancellation proceedings regarding its use or ownership rights in a trademark?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no currently effective material determinations of the U.S. Patent and Trademark Office, the Trademark Trial and Appeal Board or any state trademark administrator or court. We have no pending infringement, opposition or cancellation proceeding or pending material federal or state court litigation regarding our use or ownership rights in a trademark.
Our predecessor's affiliate, FranTank IP, LLC (a dissolved company) previously owned rights to the HydroDog mark. While this company has been administratively dissolved and is not currently operational, all trademark rights have been properly assigned to and are now owned by us.
We have no actual knowledge of any superior prior rights or infringing uses which could materially affect your use of such marks.
If any administrative or judicial proceeding arising from a claim or challenge to your use of any of our marks, you must immediately notify us, and we may take any such action as we deem appropriate in order to preserve and protect the ownership, identity and validity of the marks. We are only obligated to defend you from any claims arising from your use of our primary marks. If we decide to modify or discontinue the use of any mark and/or use one or more additional or substitute marks, you will be responsible for the tangible costs (such as replacing signs and materials) associated with such a change. We are not required to reimburse you for any costs you incur in relation to any change or substitution, such as the cost of changing stationery or signage, and have no obligation or liability to you as a result of any change or substitution.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, Hydrodog states that it has no pending infringement, opposition, or cancellation proceeding or pending material federal or state court litigation regarding its use or ownership rights in a trademark. This means that, as of the date of the FDD, no legal actions are underway that could challenge Hydrodog's right to use its trademarks. This is a positive sign for prospective franchisees, as it suggests that Hydrodog's brand and trademarks are secure from legal challenges.
Hydrodog also states that its predecessor's affiliate, FranTank IP, LLC (a dissolved company) previously owned rights to the HydroDog mark. While this company has been administratively dissolved and is not currently operational, all trademark rights have been properly assigned to and are now owned by Hydrodog. This clarifies the chain of ownership for the HydroDog trademark and assures franchisees that Hydrodog currently possesses the full rights to the mark.
Furthermore, Hydrodog states that it has no actual knowledge of any superior prior rights or infringing uses which could materially affect a franchisee's use of such marks. However, if any administrative or judicial proceeding arises from a claim or challenge to a franchisee's use of any of Hydrodog's marks, the franchisee must immediately notify Hydrodog. Hydrodog may then take any action it deems appropriate to protect the marks. While Hydrodog is obligated to defend franchisees from claims arising from the use of their primary marks, franchisees are required to participate in any action Hydrodog brings against a third party at their own expense.