Are there any currently effective material determinations of the U.S. Patent and Trademark Office regarding the Hydrodog 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, there are no currently effective material determinations by the U.S. Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court regarding the Hydrodog trademark. Additionally, Hydrodog states that they have no pending infringement, opposition, or cancellation proceedings, nor any pending material federal or state court litigation concerning their trademark use or ownership rights. This indicates that Hydrodog’s trademarks are currently in good legal standing.
Hydrodog also clarifies that while their predecessor's affiliate, FranTank IP, LLC (now dissolved), previously owned the HydroDog mark, all trademark rights have been properly assigned to and are now owned by Hydrodog. This means that Hydrodog has taken the necessary legal steps to ensure they have full ownership and control of their trademarks, despite the previous ownership by a related but now defunct entity.
Furthermore, Hydrodog states they have no actual knowledge of any superior prior rights or infringing uses that could materially affect a franchisee's use of the marks. However, franchisees are required to immediately notify Hydrodog of any use of, or claims of rights 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. This means that while Hydrodog owns the trademarks, franchisees may bear some of the financial burden if legal action is required to protect those trademarks.