When using the marks, what requirements must a 360 Painting franchisee follow?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
ture marks to operate your Franchised Business, as we may designate.
You must follow our requirements when you use the Marks. You must use only the Marks that we designate and you may use them only in the manner we authorize. You may use the Marks only in connection with
operating your Business in the Protected Territory, or in advertising for the business in the Protected Territory. You may not use the Marks as part of your corporate or other legal name.
There are currently no agreements in effect that significantly limit our rights to use or license the use of the Marks that are material to you. There are currently no effective material determinations of the USPTO, trademark trial and appeal board, any state trademark administrator or any court; pending infringement, opposition or cancellation; or pending material litigation involving the Marks. We are not aware of any infringing or prior superior of the Marks that could materially affect the use of the Marks in this state or any other state in which the 360 Painting Business is to be located. If we become aware of potentially infringing uses and we believe we can demonstrate that we have superior prior rights, we intend to send cease and desist letters to the business that are using the "360 Painting" name and may take further legal action where we believe it is warranted.
You will not receive any rights to the Marks other than the nonexclusive right to use them in the operation of your 360 Painting Business. You may only use the Marks in accordance with our standards, operating procedures and specifications. Any unauthorized use of the Marks by you is a breach of the Franchise Agreement and an infringement of our rights in the Marks. You may not contest the validity or ownership of the Marks, including any Marks that we license to you after you sign the Franchise Agreement. You may not assist any other person in contesting the validity or ownership of the Marks.
You must immediately notify us of any apparent infringement of, or challenge to your use of, any Mark, or any claim by any person of any rights in any Marks, and you may not communicate with any person other than us and our counsel regarding any infringements, challenges or claims unless you are legally required to do so; however, you may communicate with your own counsel at your own expense. We may take whatever action we deem appropriate in these situations, and we have exclusive control over any settlement or proceeding concerning any Mark. You must take any actions that, in the opinion of our counsel, may be advisable to protect and maintain our interests in any proceeding or to otherwise protect and maintain our interests in the Marks.
We can require you to modify or discontinue the use of any Mark and to use other trademarks or service marks. We will not be required to reimburse you for modifying or discontinuing the use of a Mark or for substituting another trademark or service mark for a discontinued Mark.
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, franchisees must adhere to specific requirements when using the brand's trademarks. 360 Painting designates the marks that franchisees are allowed to use and specifies the manner in which they can be used. Franchisees can only use the marks in connection with operating their business or advertising within their protected territory. They are prohibited from using the marks as part of their corporate or legal name. Franchisees are granted a nonexclusive right to use the marks, and this use must align with 360 Painting's standards, operating procedures, and specifications. Unauthorized use of the marks constitutes a breach of the Franchise Agreement and an infringement of 360 Painting's rights. Franchisees cannot contest the validity or ownership of the marks. They also must notify 360 Painting of any potential infringement.
360 Painting retains the right to require franchisees to modify or discontinue the use of any mark and to adopt alternative trademarks or service marks. Franchisees are responsible for obtaining a fictitious or assumed name registration if mandated by state or local law. Franchisees must use the marks as the sole trade identification of the business, although conversion franchises may display secondary signage referring to their prior trade name for the first six months of operation. Franchisees are prohibited from using any mark or part of a mark as part of their corporate name in any modified form. They also cannot use any mark in connection with the sale of unauthorized products or services or in any manner not explicitly authorized in writing by 360 Painting.
These trademark regulations are typical in franchising, as franchisors need to protect their brand identity and ensure consistent representation across all franchise locations. For a prospective 360 Painting franchisee, understanding and adhering to these trademark requirements is crucial for maintaining compliance with the Franchise Agreement and avoiding potential legal issues. Franchisees should carefully review the specific guidelines provided by 360 Painting regarding trademark usage and seek clarification on any points of uncertainty to ensure they are using the marks correctly.