Can Floors To Go develop and use tradenames or trademarks not licensed to the member?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
is Agreement. Any and all goodwill associated with the FTG System and the rights licensed in this Agreement shall inure exclusively to our benefit.
- c. As a member, you agree that we and our affiliates retain all rights not expressly granted to you under this Agreement (with respect to, among other things, FTG Showrooms, the FTG Marks (as defined in Subsection 4.1(a)), the sale of similar or dissimilar products and services, and any other activities we deem appropriate, whenever and wherever we desire), including, but not limited to, the right in our sole discretion:
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- to operate, and to grant others the right to operate, FTG Showrooms located anywhere outside Your Territory;
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Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, Floors To Go retains the right to develop, use, and license tradenames, trademarks, service marks, trade symbols, emblems, signs, slogans, insignia, or copyrights that it has not licensed to the franchisee under the agreement. This means that Floors To Go can create and use new branding elements that the franchisee is not authorized to use.
This provision allows Floors To Go to maintain flexibility in its branding and marketing strategies. Floors To Go can introduce new marks for specific products, services, or promotional campaigns without granting franchisees the right to use them automatically. This could potentially create different tiers of branding or marketing initiatives within the Floors To Go system.
For a prospective franchisee, this means they should not assume they have rights to all Floors To Go branding. They are limited to the specific trademarks and tradenames licensed to them in the franchise agreement. It is important for a franchisee to stay informed about which marks they are authorized to use and to ensure all marketing and advertising materials comply with Floors To Go's guidelines. A Floors To Go franchisee should clarify with the franchisor the scope of permitted trademark usage and any potential future restrictions.