How must a 360 Painting franchisee ensure their marketing reflects on the franchisor?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
(iii) Operate and advertise the Business only under the name "360 Painting" or such other Marks as Franchisor may designate from time to time, without prefix or suffix, except as specifically instructed by Franchisor to describe the location of the Business;
(iv) If Franchisee is a corporation, limited liability company, partnership or other type of entity, not use any of the Marks, including, without limitation, the name "360 Painting" in its corporate or other legal name without the prior express written consent of Franchisor;
(v) Follow applicable state or local laws or ordinances if such state or local laws or ordinances require that Franchisee file an affidavit of doing business under an assumed name or otherwise file a report or other certificate indicating that "360 Painting" or any similar name is being used as a fictitious or assumed name, include in such filing or application therefor an indication that the filing is made as a franchisee of "360 Painting, LLC, a Delaware limited liability company with its principal office address in Charlottesville, Virginia," and provide a copy of such filing to Franchisor;
(vi) Have the symbol TM, SM or R enclosed in a circle or such other symbols or words as Franchisor may designate to protect the Marks on all surfaces where the Marks appear; and
(vii) Franchisee shall be required to use the Marks on all materials representing the Business, including without limitation business cards, stationary, e-mail correspondence, apparel, checks, proposals, contracts, signage, Vehicle advertising and marketing and promotional materials, provided
Franchisee (1) accurately depicts the Marks on the materials, (2) includes a statement on the materials indicating that the business is independently owned and operated by Franchisee, (3) does not use the Marks in connection with any other trademarks, trade names or service marks unless specifically approved by Franchisor in writing prior to such use, and (4) makes available to Franchisor, upon its request, a copy of any materials depicting the Marks.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
According to the 2025 360 Painting Franchise Disclosure Document, franchisees must adhere to specific guidelines to ensure their marketing efforts align with the franchisor's brand standards. 360 Painting requires franchisees to operate and advertise exclusively under the name "360 Painting" or other designated marks, without any unauthorized prefixes or suffixes, unless specifically instructed otherwise by the franchisor to indicate the business's location. If the franchisee operates as a corporation, LLC, partnership, or other entity, they cannot use the 360 Painting marks, including the name "360 Painting," in their legal name without prior written consent from the franchisor. Franchisees must also comply with state or local laws requiring the filing of an affidavit for doing business under an assumed name, ensuring that such filings indicate their status as a franchisee of 360 Painting, LLC.
To further protect the brand's integrity, 360 Painting mandates that franchisees include the appropriate trademark symbols (TM, SM, or R enclosed in a circle) on all materials displaying the marks. Franchisees are required to use the marks on all business-related materials, such as business cards, stationery, email correspondence, apparel, checks, proposals, contracts, signage, vehicle advertising, and marketing materials. This ensures consistent brand representation across all customer touchpoints. However, franchisees must accurately depict the marks, include a statement indicating independent ownership and operation, and avoid using the marks in conjunction with any other trademarks without prior written approval from the franchisor.
360 Painting also requires franchisees to provide copies of any materials depicting the marks to the franchisor upon request, allowing the franchisor to monitor and maintain brand consistency. The franchisor retains the right to inspect franchisee vehicles or business premises and remove any objectionable signs, decals, or advertising media. These measures collectively ensure that all marketing and advertising efforts by franchisees reflect positively on the 360 Painting brand and comply with the franchisor's established standards and legal requirements.