Under what name must a 360 Painting franchisee operate and advertise the business?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
(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;
(v) Follow applicable state or local laws or ordinances if such state or local laws or ordinances require that Franchisee file an affidavit of doing business under an assumed name or otherwise file a report or other certificate indicating that "360 Painting" or any similar name is being used as a fictitious or assumed name, include in such filing or application therefor an indication that the filing is made as a franchisee of "360 Painting, LLC, a Delaware limited liability company with its principal office address in Charlottesville, Virginia," and provide a copy of such filing to Franchisor;
(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 the 2025 FDD, a 360 Painting franchisee must operate and advertise their business under the name "360 Painting" or other marks designated by the franchisor. The franchisee cannot use any prefixes or suffixes unless specifically instructed by 360 Painting to describe the location of the business.
This requirement ensures brand consistency across all franchise locations, which is a common practice in franchising. By maintaining a uniform brand name, 360 Painting aims to build and protect its brand recognition and reputation. This consistency helps customers easily identify and trust the services offered by any 360 Painting franchise.
Furthermore, if the franchisee is a corporation, LLC, partnership, or other entity, they cannot use the name "360 Painting" in their legal name without prior written consent from the franchisor. Franchisees must also include appropriate trademark symbols on all materials representing the business and indicate that the business is independently owned and operated. These stipulations are designed to protect 360 Painting's trademarks and prevent any potential confusion about the ownership and operation of the franchise.
These rules also extend to online presence. Franchisees must not register or use any website, domain name, social media account, or other online portal related to the business without prior approval from 360 Painting. This control helps the franchisor maintain a consistent and professional online image for the brand.