What is the definition of 'Trade Name' as it relates to the Floyds 99 franchise?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
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 trade names are included within the definition of "Marks". Floyds 99 has developed methods for establishing and operating retail hair care businesses, referred to as "FLOYD'S 99 Shops" or "Barbershops". These businesses operate using the service mark "FLOYD'S 99" and related service marks, trade names, and trademarks, which are collectively known as "Marks".
This means that as a Floyds 99 franchisee, you are granted the right to use the brand's established "Marks," including its trade names, 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, the franchisee must immediately cease all use of the "Marks," including trade names, except in connection with barbershops still operating under a valid Franchise Agreement.
The agreement emphasizes the importance of protecting Floyds 99's brand identity and goodwill. The restrictions on using the "Marks" after termination are designed to prevent confusion and maintain the brand's reputation. Prospective franchisees should carefully review the terms regarding the use of "Marks" and the implications of termination or expiration to fully understand their obligations and limitations.