Where is a 360 Painting franchisee permitted to use the marks in connection with operating their business?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
l 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. If we become aware of potentially infringing uses and we believe we can demonstrate that we have superior prior rights, we intend to send cease and desist letters to the business that are using the "360 Painting" name 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; however, you may communicate with your own counsel at your own expense. We may take whatever action we deem appropriate in these situations, and we have exclusive control over any settlement or proceeding concerning any Mark. You must take any actions that, in the opinion of our counsel, may be advisable to protect and maintain our interests in any proceeding or to otherwise protect and maintain our interests in the Marks.
We can require you to modify or discontinue the use of any Mark and to use other trademarks or service marks. We will not be required to reimburse you for modifying or discontinuing the use of a Mark or for substituting another trademark or service mark for a discontinued Mark. We are not obligated to reimburse you for any loss of goodwill associated with a modified or discontinued Mark.
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, a franchisee can use the registered trademark and other designated marks to operate their franchised business. Specifically, the marks can be used in connection with operating the business within the Protected Territory, or in advertising for the business in the Protected Territory. The use of these marks must adhere to 360 Painting's requirements and only in the manner authorized by them.
360 Painting grants franchisees the right to operate under the name "360° PAINTING" and use the stylized mark "360° PAINTING". It is important to note that franchisees cannot use the marks as part of their corporate or other legal name. Additionally, franchisees must use the marks as the sole trade identification of the business, although conversion franchises may display secondary signage referring to their prior trade name for the first six months of operation.
Franchisees are required to notify 360 Painting of any apparent infringement or challenges to the use of any mark. 360 Painting retains exclusive control over any settlement or proceeding concerning any mark. While franchisees may communicate with their own counsel at their own expense, they must otherwise follow 360 Painting's directions in protecting the marks. 360 Painting can also require franchisees to modify or discontinue the use of any mark without reimbursement for associated losses.
360 Painting will reimburse franchisees for expenses reasonably incurred in legal proceedings disputing authorized use of a mark, provided timely notification and compliance with their directions are maintained. However, this reimbursement excludes expenses for removing signage or discontinuing the use of any mark, as well as legal fees for independent counsel. Franchisees are prohibited from registering or seeking to register any of 360 Painting's marks, or confusingly similar marks, as their own trademark or service mark.