factual

Can 360 Painting direct a franchisee to make changes to the Marks in writing?

Q: Can 360 Painting direct a franchisee to make changes to the Marks in writing?

- (i) Only use the Marks designated by Franchisor, and only in the manner authorized and permitted by Franchisor. Franchisee shall not make any changes or substitutions whatsoever in or to the use of the Marks unless directed by Franchisor in writing. Franchisee's right to use the Marks is limited to such uses as are authorized under this Agreement, and only for the sale of services and products expressly authorized by Franchisor, and any unauthorized use thereof shall constitute an infringement of Franchisor's rights and a breach of this Agreement; Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)

360_Painting Franchise · 2025 FDD

Answer from 2025 FDD Document

(i) Only use the Marks designated by Franchisor, and only in the manner authorized and permitted by Franchisor.

Franchisee shall not make any changes or substitutions whatsoever in or to the use of the Marks unless directed by Franchisor in writing.

Franchisee's right to use the Marks is limited to such uses as are authorized under this Agreement, and only for the sale of services and products expressly authorized by Franchisor, and any unauthorized use thereof shall constitute an infringement of Franchisor's rights and a breach of this Agreement;

Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)

What This Means (2025 FDD)

According to the 2025 360 Painting Franchise Disclosure Document, a franchisee must not make changes or substitutions to the use of the Marks unless 360 Painting directs them to do so in writing. The franchisee is authorized to use the Marks only as permitted by 360 Painting for the sale of authorized services and products. Unauthorized use of the Marks constitutes an infringement of 360 Painting's rights and a breach of the franchise agreement.

This means that franchisees must strictly adhere to 360 Painting's guidelines regarding the use of its trademarks and service marks. Any deviation from these guidelines without written consent from 360 Painting could result in legal repercussions and a breach of contract. This provision ensures brand consistency and protects the integrity of 360 Painting's trademarks.

This requirement is typical in franchising, as franchisors need to maintain uniform brand standards across all franchise locations. By requiring written permission for any changes to the Marks, 360 Painting retains control over its brand identity and ensures that all franchisees represent the brand in a consistent and approved manner. Franchisees should maintain records of any written directives from 360 Painting regarding changes to the Marks to demonstrate compliance.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.

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