What symbol must a 360 Painting franchisee use to protect the Marks?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
(vi) Have the symbol TM, SM or R enclosed in a circle or such other symbols or words as Franchisor may designate to protect the Marks on all surfaces where the Marks appear; and
(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 specific symbols to protect the brand's trademarks. Specifically, the franchisee must use the symbol TM, SM, or R enclosed in a circle, or any other symbols or words that 360 Painting designates, on all surfaces where the Marks appear. This requirement ensures that the 360 Painting brand is legally protected through proper trademark usage.
This obligation extends to all materials representing the 360 Painting business. These materials include business cards, stationery, email correspondence, apparel, checks, proposals, contracts, signage, vehicle advertising, and marketing and promotional materials. The franchisee must accurately depict the Marks on these materials and include a statement indicating that the business is independently owned and operated.
Furthermore, the franchisee cannot use the Marks in connection with any other trademarks, trade names, or service marks unless specifically approved in writing by 360 Painting. The franchisee must also provide 360 Painting with a copy of any materials depicting the Marks upon request. These measures are in place to maintain brand consistency and prevent any unauthorized use or association of the 360 Painting Marks with other brands.
It is important for prospective 360 Painting franchisees to understand these requirements, as failure to comply with these trademark usage guidelines could result in legal repercussions or a breach of the franchise agreement. Franchisees should ensure they are fully aware of the approved Marks and the correct symbols to use in their business operations and marketing materials.