Is a 360 Painting franchisee required to obtain a fictitious or assumed name registration?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use the Marks as the sole trade identification of the Business; but, if your 360 Painting Business is a conversion franchise, during the first six (6) months that your Franchise is open, we may, allow you to display secondary signage referring to your prior trade name. You may not use any Mark or part of any Mark as part of your corporate name in any modified form. You may not use any Mark in connection with the sale of any unauthorized products or services, or in any other manner that we do not authorize in writing. You must obtain a fictitious or assumed name registration if required by your state or local law.
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, a franchisee must obtain a fictitious or assumed name registration if required by their state or local law. This means that if the state or local jurisdiction where the 360 Painting franchise operates requires businesses using a name different from their legal name to register that assumed name, the franchisee must comply. This requirement ensures transparency and allows the public to identify the true owner of the business.
The need for this registration depends entirely on the specific regulations of the area where the franchise is located. Some states and localities may not require it, while others have strict rules about registering fictitious business names. It is the franchisee's responsibility to check and comply with these local laws.
Failure to obtain a required fictitious name registration can result in fines or other legal penalties. Therefore, prospective 360 Painting franchisees should consult with a legal professional or their local government to determine whether this registration is necessary in their area. This step is crucial for ensuring full compliance with all applicable laws and regulations.