What is the definition of 'Trademark' as it relates to the Floyds 99 franchise?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. The Company has developed methods for establishing and operating franchises for the operation of 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");
- B. The Company has developed methods for establishing, operating and promoting Barbershops pursuant to the Company's distinctive business format, plans, methods, data, processes, marketing systems, formulas, techniques, designs, layouts, operating procedures, trademarks, proprietary marks and information and know-how of the Company ("Confidential Information") and such Confidential Information as may be further developed from time to time by the Company;
RECITALS
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the term "Marks" encompasses the service mark "FLOYD'S 99" along with related service marks, trade names, and trademarks. Floyds 99 grants developers the right to use these Marks in connection with establishing and operating their Barbershops. This means franchisees are authorized to use the Floyds 99 branding, logos, and other identifying marks to represent their business as part of the Floyds 99 franchise system.
Upon termination or expiration of the Development Agreement, the developer's rights to use the Marks cease, except for Barbershops they are then operating under effective Franchise Agreements. This prevents former developers from continuing to use the Floyds 99 branding after their agreement ends, ensuring consistent brand representation across the franchise system. The developer must immediately stop using the Marks, including any similar slogans, trademarks, or trade names, in advertising or any other manner.
Floyds 99 also protects its Confidential Information, which includes trademarks, proprietary marks, and other know-how. This information is crucial for maintaining the brand's distinctiveness and competitive advantage. Associates of Floyds 99, such as officers or employees, are involved with the Franchised Business and have access to this Confidential Information, and are therefore subject to nondisclosure and noncompetition agreements to protect Floyds 99's interests.
In practical terms, this means a Floyds 99 franchisee must adhere to strict guidelines regarding the use of the brand's trademarks and other intellectual property. They benefit from the established goodwill and reputation associated with the Floyds 99 brand, but they also have a responsibility to protect and maintain the integrity of the brand by using the Marks correctly and only during the term of their agreement.