What is the primary requirement for using the Marks for a 360 Painting business?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
ture 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.
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, a primary requirement for franchisees using the brand's trademarks is adherence to the franchisor's guidelines. Franchisees must use only the marks designated by 360 Painting and in the manner authorized by them. These marks can only be used in connection with operating the business or advertising within the franchisee's protected territory. Franchisees cannot incorporate the marks into their corporate or legal name.
360 Painting franchisees are granted a nonexclusive right to use the marks, but only in accordance with the franchisor's standards, operating procedures, and specifications. Any unauthorized use of the marks constitutes a breach of the Franchise Agreement and an infringement of 360 Painting's rights. Franchisees are prohibited from contesting the validity or ownership of the marks, even those licensed after the Franchise Agreement is signed, and they cannot assist others in doing so.
Furthermore, the 360 Painting franchisee must use the Marks as the sole trade identification of the Business. However, if the 360 Painting Business is a conversion franchise, during the first six (6) months that the Franchise is open, 360 Painting may allow the franchisee to display secondary signage referring to the prior trade name. The franchisee may not use any Mark or part of any Mark as part of their corporate name in any modified form. They may not use any Mark in connection with the sale of any unauthorized products or services, or in any other manner that 360 Painting does not authorize in writing. The franchisee must obtain a fictitious or assumed name registration if required by state or local law.