What is the definition of 'Service Mark' as it relates to the Floyds 99 franchise?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
- a) Franchisor has developed methods for establishing and operating retail hair care businesses ("FLOYD'S 99 Shops" or "Barbershops") which use the service mark "FLOYD'S 99" and related service marks, trade names and trademarks ("Marks") and Franchisor's proprietary methods of doing business ("Licensed Methods"). Terms not otherwise defined in this Agreement shall have the meanings as defined in the Franchise Agreement.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the service mark "FLOYD'S 99" and related service marks, trade names, and trademarks are collectively referred to as "Marks". Floyds 99 has developed methods for establishing and operating retail hair care businesses, known as "FLOYD'S 99 Shops" or "Barbershops," which utilize these Marks.
This means that as a Floyds 99 franchisee, you are granted the right to use the Floyds 99 Marks to operate your barbershop. However, this right is contingent upon adhering to the terms and conditions outlined in the franchise agreement. Upon termination or expiration of the agreement, franchisees must immediately cease using the Marks, except in connection with barbershops they are then operating under effective Franchise Agreements.
The agreement also states that franchisees must not use slogans, trademarks, trade names, service marks, designs, trade dress, or logos that are similar to the Marks. This restriction extends to any equipment, materials, forms, confidential methods, procedures, recipes, and techniques associated with the Floyds 99 system. This ensures that franchisees do not create confusion in the marketplace or infringe upon Floyds 99's brand identity.