What service mark does Floyds 99 license to franchisees?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
ises or company-owned businesses selling similar products or services under a different name or trademark, although, as just stated, we reserve the right to do so.
ITEM 13. TRADEMARKS
We license to you the right to use the Marks, including the service mark "FLOYD'S 99" and other trademarks, service marks and commercial symbols that we may authorize. Holdings has registered the following principal trademarks on the Principal Register of the United States Patent and Trademark Office ("USPTO"):
| Mark | Design | Registration Number | Date of Registration | Class | |
|---|---|---|---|---|---|
| FLOYD’S 99 | N/A | 3,063,720 | 02/28/2006 | 44 | |
| NOT YOUR | N/A | 3,142,041 | 09/12/2006 | 44 | |
| GRANDFATHER’S | |||||
| BARBERSHOP | |||||
| BARBERSHOPS FOR MEN | 2,749,894 | 08/12/2003 | 44 | ||
| & WOMEN FLOYD’S 99 | |||||
| OLD SCHOOL, NEW | |||||
| STYLES and design | |||||
| THE ORIGINAL ROCK ‘N | N/A | 3,277,741 | 08/07/2007 | 44 | |
| ROLL BARBERSHOP | |||||
| Design of Barbershop (Trade | 3,467,850 | 07/15/2008 | 44 | ||
| Dress) | |||||
| FLOYD’S 99 | N/A | 4,864,721 | 12/01/2015 | 3 | |
| 99 FLOYD’S BARBERSHOP | 5,036,117 | 09/06/2016 | 44 | ||
| FOR MEN & WOMEN and | |||||
| Design | |||||
| 99 FLOYD’S BARBERSHOP | 5,041,157 | 09/13/2016 | 44 | ||
| and Design | |||||
| Mark | Design | Registration Number | Date of Registration | Class | |
| Design of Poster Wall (Trade | 5,135,473 | 02/07/2017 | 44 | ||
| Dress) | |||||
| EXPERT CUTS, | N/A | 6,950,805 | 01/10/2023 | 44 | |
| AMPLIFIED EXPERIENCE | All required affidavits of use and renewals of registration have been filed. |
The Marks were licensed to FFL by Holdings in March 2005. Through a license with Holdings, we have full right and authority to use and license to franchisees the use of the Marks for 10-year terms that automatically renew. This license can be terminated only on mutual agreement of the parties or following a notice of default and a cure period. In the event of a termination, FFL's rights and obligations under all Franchise Agreements are deemed to be assigned to Holdings to provide continuity to franchisees.
You must follow our rules when you use the Marks. You may not use any Mark as part of any corporate or trade name or with any prefix, suffix, or other modifying words, terms, designs or symbols (other than logos licensed to you), or in any modified form, nor may you use any Mark to identify unauthorized services or products or in any other manner not expressly authorized in writing by us. You must modify or discontinue your use of the Marks if we require modification or discontinuance, at your own expense.
There are no presently effective determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, or any pending infringement, opposition or cancellation proceedings involving the Marks. There is no pending material federal or state court litigation regarding our use of or ownership rights in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 41–43)
What This Means (2025 FDD)
According to Floyds 99's 2025 Franchise Disclosure Document, franchisees are granted the right to use various marks, including the service mark "FLOYD'S 99". Additionally, Floyds 99 may authorize the use of other trademarks, service marks, and commercial symbols. Floyds 99 protects franchisees against infringement or unfair competition claims, provided the marks are used in compliance with the Franchise Agreement. Floyds 99 covers all costs, including legal fees, for litigation initiated or defended on the franchisee's behalf to protect the marks and their usage rights. Franchisees are required to cooperate in any litigation. Any potential infringement or challenges to the use of any mark must be immediately reported, and franchisees are prohibited from communicating with anyone other than Floyds 99 or its counsel regarding such matters.
Floyds 99 maintains exclusive control over any litigation, USPTO proceedings, or other administrative actions arising from infringement, challenges, or claims related to any mark. Franchisees cannot settle any claim without written consent from Floyds 99. The Franchise Disclosure Document lists several registered trademarks, including "FLOYD’S 99", "NOT YOUR GRANDFATHER’S BARBERSHOP", and "BARBERSHOPS FOR MEN & WOMEN FLOYD’S 99".
Prospective franchisees should note that they must adhere to Floyds 99's rules when using the marks and cannot use any mark as part of a corporate or trade name or with any unauthorized modifications. If Floyds 99 requires modification or discontinuation of the use of the marks, franchisees must comply at their own expense. In some states, regulations may limit or restrict the use of the word "barbershop".
It is important for potential franchisees to understand the scope and limitations of the licensed marks, as well as their obligations regarding proper usage and protection of these marks. They should also be aware of the potential for required modifications or discontinuations and the associated costs. Understanding these aspects is crucial for ensuring compliance and avoiding potential legal issues related to trademark usage.