Under what conditions can a 360 Painting franchisee use 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;
- (ii) Only use the Marks for the operation of the Business or in advertising for the Business.
Franchisee must not register, attempt to register, obtain any ownership in, or otherwise utilize any website, domain name, URL, social media account, Internet presence or other electronic communications portal relating to the Business that has not been previously approved by the Franchisor.
If Franchisee registers, attempts to register, obtains any ownership in, or otherwise utilizes any website, domain name, URL, social media account, Internet presence or other electronic communications portal in violation of this Section 14.2(ii), in addition to any rights Franchisor may have under Section 19.2(xv) hereof, Franchisee acknowledges and agrees that any such website, domain name, URL, social media account, Internet presence or other electronic communications portal, including any copyrights therein, are Franchisor's property.
If a court of competent jurisdiction determines that any ownership rights to any website, domain name, URL, social media account, Internet presence or other electronic communications portal are not automatically transferred to Franchisor pursuant to this Section 14.2(ii), Franchisee agrees to execute any documents Franchisor deems necessary to give effect to this Section 14.2(ii);
- (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;
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
According to the 2025 360 Painting FDD, a franchisee's right to use the brand's Marks is subject to several conditions and limitations. 360 Painting grants franchisees a non-exclusive right to use its Marks and System within their Protected Territory during the agreement term. This use must align with the agreement's terms and conditions, and franchisees must adhere to any changes or improvements made to the Marks and System by 360 Painting.
The franchisee must operate and advertise the business using the name "360 Painting" or other Marks designated by 360 Painting, without any unauthorized prefixes or suffixes, unless specifically instructed otherwise to describe the business location. If the franchisee is a corporation, LLC, partnership, or other entity, they cannot use the 360 Painting Marks in their legal name without prior written consent from 360 Painting. Franchisees must also comply with state and local laws regarding assumed names, indicating in any filings that they are a franchisee of 360 Painting, LLC.
Franchisees are required to use the Marks on all business materials, ensuring accurate depiction, inclusion of a statement indicating independent ownership, and avoidance of use with other trademarks without prior written approval. The franchisee must only use the Marks designated by 360 Painting and in the manner authorized, without any unauthorized changes or substitutions. The use of the Marks is restricted to the operation and advertising of the 360 Painting Business, and franchisees are prohibited from registering or using any unauthorized websites, domain names, social media accounts, or other online portals related to the business. Unauthorized use of the Marks constitutes an infringement of 360 Painting's rights and a breach of the franchise agreement.