Does the Floyds 99 franchisee have to use the Marks in a manner prescribed by the Franchisor?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
- 15.1 Marks. The Franchisee acknowledges that the Franchisor or the Franchisor's affiliate Floyd's 99 Holdings, LLC, has the sole right to own, license and control the Franchisee's use of the "FLOYD'S 99" service mark and other of the Marks, and that such Marks shall remain under the sole and exclusive ownership and control of the Franchisor or Floyd's 99 Holdings, LLC. The Franchisee shall display the Marks prominently at the Barbershop premises and on furnishings and packaging materials and in connection with forms, advertising and marketing, all in a manner as the Franchisor shall reasonably prescribe. The Franchisee acknowledges that it has not acquired any right, title or interest in such Marks except for the right to use such marks in the operation of its FLOYD'S 99 Shop as it is governed by this Agreement. Except as permitted in the Operations Manual, the Franchisee shall not use any of the Marks as part of an electronic mail address, or on any sites on the Internet and the Franchisee shall not use or register any of the Marks as part of a domain name on the Internet.
- 15.2 No Use of Other Marks. No service marks other than "FLOYD'S 99" or such other Marks as may be specified by the Franchisor shall be used in the identification, marketing, promotion or operation of the FLOYD'S 99 Shop.
Source: Item 22 — CONTRACTS (FDD pages 57–58)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, franchisees must display the Marks prominently at their Barbershop, on furnishings, packaging, forms, and in advertising and marketing materials. This display must adhere to the standards that Floyds 99 reasonably prescribes. The franchisee's right to use the Marks is limited to operating their Floyds 99 Shop as governed by the Franchise Agreement. Unless permitted in the Operations Manual, franchisees cannot use the Marks in email addresses or on Internet sites, nor can they register the Marks as part of a domain name.
Floyds 99 maintains control over how its brand name and associated trademarks are used to ensure consistency across all franchise locations. This control extends to the use of the "FLOYD'S 99" service mark and any other Marks specified by Floyds 99. Franchisees are not allowed to use any other service marks besides those approved by Floyds 99 in the identification, marketing, promotion, or operation of their shop.
These stipulations are typical in franchising, as they protect the brand's image and reputation. By mandating how franchisees use the Marks, Floyds 99 aims to present a unified brand identity to the public. This helps customers easily recognize and trust the Floyds 99 brand, regardless of the specific location they visit. The restrictions on domain names and email addresses further prevent potential customer confusion and protect the brand's online presence.
Overall, these requirements ensure that franchisees operate under a consistent brand identity, which is crucial for maintaining the goodwill and reputation of the Floyds 99 brand. Franchisees must adhere to these guidelines to maintain their franchise agreement and benefit from the established brand recognition.