What is the definition of 'FTG Marks' for Floors To Go?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
e such trade names, trademarks, service marks, trade secrets, methods, procedures, or advertising techniques.
4.1. Ownership Rights Defined.
- a. Your use of our service marks, trade names, and trademarks, including, but not limited to, Floors To Go and design and Floors To Go Your Hometown Flooring Center and design (collectively referred to as the "FTG Marks" or the "Marks") shall inure to our sole benefit. We are the sole owner of all right, title, and interest in and to the FTG Marks and goodwill attributed to the use of the FTG Marks. You expressly disclaim any and all rights, title, and interest in and to the FTG Marks licensed for your use and to any additional marks introduced by us after execution of this Agreement.
- b. All rights in and to the Marks, including, without limitation, trademark, design, patent and copyright rights, other than the user trademark rights specifically granted herein, are reserved to us. Any such rights which may arise in connection with your use of the Marks shall, without any requirement of notice or deed, be our property; provided, however, that you shall have the right, to the extent necessary in exercising your rights as a member hereunder, to the use of such rights during the Original Term and any Renewal Term of this Agreement only in Your Territory.
- c.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go FDD, the "FTG Marks" are defined as the service marks, trade names, and trademarks of Floors To Go, including but not limited to "Floors To Go and design" and "Floors To Go Your Hometown Flooring Center and design". Floors To Go retains sole ownership of all rights, titles, and interests in these FTG Marks, as well as the goodwill associated with them.
As a franchisee, any use of the FTG Marks will inure to the sole benefit of Floors To Go. The franchisee expressly disclaims any rights, titles, or interests in the FTG Marks licensed for their use, including any additional marks introduced by Floors To Go after the execution of the franchise agreement. All rights to the Marks, including trademark, design, patent, and copyright rights, are reserved to Floors To Go, except for the user trademark rights specifically granted to the franchisee during the Original Term and any Renewal Term of the agreement within their territory.
Floors To Go may request that franchisees execute documents to confirm the franchisor's ownership of all rights in the Marks and to maintain their validity or registrations. This ensures that Floors To Go maintains control over its brand and intellectual property, while franchisees are granted limited rights to use the Marks for the duration of their agreement.
This definition clarifies that franchisees are using the FTG Marks under license and that Floors To Go retains ultimate control and ownership. Franchisees must adhere to Floors To Go's standards and guidelines when using the marks to maintain brand consistency and protect the value of the FTG Marks.