What are the conditions under which a 360 Painting franchisee is allowed to use the registered trademarks?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
t your consent.
ITEM 13: TRADEMARKS
We grant you the right to operate a Franchised Business under the name "360° PAINTING" and using the stylized mark "360° PAINTING".
We or our predecessor 360 Painting, Inc. registered the following marks on the United States Patent and Trademark Office's Principal Register, which are now owned by us.
| MARK | REGISTRATION | REGISTRATION | |---|---|---| | | NUMBER | DATE | | 360° PAINTING | 3242374 | May 15, 2007 | | | 6265633 | February 9, 2021 | We have filed required affidavits and renewals pertaining to these marks, and we intend to renew the registrations and file all appropriate affidavits for the marks at the times required by law. You may use this registered trademark and other current and future marks to operate your Franchised Business, as we may designate.
You must follow our requirements when you use the Marks. You must use only the Marks that we designate and you may use them only in the manner we authorize. You may use the Marks only in connection with
operating your Business in the Protected Territory, or in advertising for the business in the Protected Territory. You may not use the Marks as part of your corporate or other legal name.
There are currently no agreements in effect that significantly limit our rights to use or license the use of the Marks that are material to you. There are currently no effective material determinations of the USPTO, trademark trial and appeal board, any state trademark administrator or any court; pending infringement, opposition or cancellation; or pending material litigation involving the Marks. We are not aware of any infringing or prior superior of the Marks that could materially affect the use of the Marks in this state or any other state in which the 360 Painting Business is to be located.
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, franchisees are granted the right to operate a franchised business under the name "360° PAINTING" and use the stylized mark "360° PAINTING." However, this right is not absolute and comes with several conditions. Franchisees must adhere to 360 Painting's requirements when using the marks, using only the designated marks in the authorized manner. The trademarks can only be used in connection with operating the business or advertising within the protected territory. Franchisees cannot incorporate the marks into their corporate or legal name.
360 Painting retains the right to require franchisees to modify or discontinue the use of any mark and substitute other trademarks or service marks. While 360 Painting will reimburse franchisees for reasonable expenses incurred in legal proceedings disputing the authorized use of any mark, this is contingent on timely notification and compliance with 360 Painting's directions. Reimbursement excludes expenses for removing signage or discontinuing the use of a mark, as well as legal fees for independent counsel.
Furthermore, franchisees must use the marks as the sole trade identification of the business, although an exception may be made for conversion franchises during the first six months, allowing secondary signage referring to the prior trade name. Franchisees are prohibited from using any mark in connection with unauthorized products or services or in any manner not explicitly authorized in writing by 360 Painting. They must also obtain a fictitious or assumed name registration if required by state or local law. Franchisees are obligated to notify 360 Painting of any apparent infringement or challenge to the use of any mark and must not register or seek to register any confusingly similar trademarks or service marks.