What constitutes a breach of the Franchise Agreement regarding the use of 360 Painting's trademarks?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
and may take further legal action where we believe it is warranted.
You will not receive any rights to the Marks other than the nonexclusive right to use them in the operation of your 360 Painting Business. You may only use the Marks in accordance with our standards, operating procedures and specifications. Any unauthorized use of the Marks by you is a breach of the Franchise Agreement and an infringement of our rights in the Marks. You may not contest the validity or ownership of the Marks, including any Marks that we license to you after you sign the Franchise Agreement. You may not assist any other person in contesting the validity or ownership of the Marks.
You must immediately notify us of any apparent infringement of, or challenge to your use of, any Mark, or any claim by any person of any rights in any Marks, and you may not communicate with any person other than us and our counsel regarding any infringements, challenges or claims unless you are legally required to do so;
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to the 2025 360 Painting Franchise Disclosure Document, any unauthorized use of the brand's trademarks by a franchisee constitutes a breach of the Franchise Agreement and an infringement of 360 Painting's rights. Franchisees are granted a nonexclusive right to use the trademarks solely for operating their 360 Painting Business, and this use must adhere to 360 Painting's standards, operating procedures, and specifications.
Specifically, franchisees must use only the trademarks designated by 360 Painting and only in the manner authorized. This includes using the marks in connection with operating the business within the protected territory or in advertising for the business in that territory. Franchisees are prohibited from using the trademarks as part of their corporate or other legal name. They also cannot use any mark or part of a mark as part of their corporate name in any modified form, or in connection with the sale of any unauthorized products or services, or in any other manner that 360 Painting does not authorize in writing.
Furthermore, franchisees are not allowed to contest the validity or ownership of the trademarks, including any marks that 360 Painting licenses to them after they sign the Franchise Agreement, nor can they assist anyone else in doing so. Franchisees must also notify 360 Painting if they apply for their own trademark or service mark registrations and must not register any marks confusingly similar to 360 Painting's marks. These stipulations are designed to protect 360 Painting's brand identity and ensure consistent representation across all franchise locations.