What restrictions does 360 Painting place on changes or substitutions to the Marks?
360_Painting Franchise · 2025 FDDAnswer 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;
(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;
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
According to the 2025 FDD, 360 Painting franchisees face specific restrictions regarding the use of the brand's Marks. Franchisees are required to use only the Marks designated by 360 Painting and solely in the manner authorized by them. A significant restriction is that franchisees cannot make any changes or substitutions to the Marks unless they receive explicit written direction from 360 Painting. Unauthorized use of the Marks constitutes an infringement of 360 Painting's rights and a breach of the franchise agreement.
This means a 360 Painting franchisee must adhere strictly to the franchisor's branding guidelines. They cannot alter logos, modify the color schemes, or use the Marks in any way not explicitly approved. This control ensures brand consistency across all franchise locations, which is typical in franchising.
The franchisee can only operate and advertise the business under the name "360 Painting" or other Marks designated by the franchisor, without any unauthorized prefixes or suffixes, unless specifically instructed otherwise to describe the location of the business. If the franchisee is a corporation, LLC, partnership, or other entity, they cannot use any of the Marks, including the name "360 Painting," in their legal name without prior written consent from 360 Painting. Franchisees must also include specific statements in any assumed name filings, indicating their status as a franchisee of 360 Painting, LLC.
These restrictions are designed to protect the brand's identity and goodwill. While they may seem limiting, they are standard practice in franchising to maintain uniformity and prevent misuse of the brand. A prospective franchisee should carefully review the Brand Standards Manual to fully understand the permitted uses of the Marks and ensure they are comfortable adhering to these guidelines.