Does 360 Painting have the right to specify the content of a franchisee's business cards?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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 360 Painting's 2025 Franchise Disclosure Document, franchisees are required to use the 360 Painting marks on all materials representing the business, including business cards. However, franchisees must accurately depict the marks and include a statement indicating that the business is independently owned and operated. They are also prohibited from using the marks in connection with any other trademarks without prior written approval from 360 Painting. Franchisees must provide a copy of any materials depicting the marks to 360 Painting upon request.
This means that while franchisees must use the 360 Painting logo and branding on their business cards, they also have the right to indicate that their franchise is independently owned and operated. This is a fairly standard practice in franchising, as it allows the franchisee to benefit from the brand recognition of the larger company while still maintaining some level of autonomy.
360 Painting retains some control over the use of its marks, ensuring brand consistency across all franchises. The franchisee must accurately represent the marks and cannot use them in conjunction with other trademarks without approval. This protects the integrity of the 360 Painting brand and prevents franchisees from creating potentially confusing or dilutive marketing materials.
Overall, the 360 Painting franchise agreement strikes a balance between brand control and franchisee autonomy. Franchisees are required to use the 360 Painting marks on their business cards, but they also have the right to indicate independent ownership and operation. This arrangement allows franchisees to leverage the brand's reputation while maintaining a degree of control over their own marketing materials.