What are the expectations for Floors To Go franchisees regarding advertising and promotions?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
a permanent part of your exterior signage, a hyperlink to your independent website will be placed on the website that we maintain for your Showroom.
- 4.6. Advertising. If you develop or purchase internet-based advertising through email services, search engines, web portals or other internet-based advertising vehicles, you must comply with our trademark, service mark, logo and advertising requirements, as well as any of our other applicable policies and procedures that we may institute from time to time.
- 4.7. Interference with Our Use of the FTG Marks. You shall not interfere in the use of the name "Floors To Go", or any part thereof, or any other of the FTG Marks by us, any subsidiary or affiliate of us, or any other member; and you shall execute such further documents as are necessary to accomplish this purpose. You shall conduct and operate your business in a manner which will not impair the goodwill associated with the FTG Marks.
- 4.8. Your Name. You shall not incorporate the words "Floors To Go" or any other names, marks, or logos associated therewith as part of your legal business name, but you are authorized and required to adopt a fictitious trade name incorporating the words "Floors To Go" and you shall comply with all fictitious name registration statutes. You will, within thirty (30) days after termination of this Agreement, amend your fictitious business name registrations to remove the words "Floors To Go" and all marks and logos associated therewith from your business name.
4.9. Protection of Marks.
- a. We may seek, in our own name and at our own expense, appropriate trademark protection for the Marks. You shall not seek or acquire any registration or other interest in any of the Marks anywhere in the world.
- b. You understand and agree that we shall retain all right, title and interest in the original Marks, as well as in any modifications or improvements made to the Marks by you, except to the extent provided otherwise herein.
- c. You acknowledge our exclusive rights in the Marks and acknowledge that the Marks are unique and valuable.
- d. You shall not at any time dispute or contest the validity or value of the Marks or our exclusive rights to use and exploit the Marks.
4.10. Related Rights.
- a. You acknowledge our ownership of and other rights in connection with the Marks, as well as the validity of all registrations thereof and shall not at any time do or permit to be done any act or thing which will in any way impair our rights.
- b. You shall not in any way challenge or contest the validity of the Marks or any of our rights under this Agreement, nor shall you willingly become an adverse party to litigation in which others shall so contest the Marks or our rights. In addition, you shall not in any way seek to avoid or reduce your obligations hereunder because of the assertion or allegation by any person(s) that the Marks or any of them are invalid or by reason of any contest or claim concerning our rights. You further agree not to contest that your rights under this Agreement are solely those of a franchisee and that such rights end upon the termination or expiration of the Agreement as provided herein.
- c.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, franchisees must adhere to specific guidelines regarding advertising and promotions to protect the brand and ensure consistent representation. If a franchisee develops or purchases internet-based advertising, including through email services, search engines, or web portals, they must comply with Floors To Go's trademark, service mark, logo, and advertising requirements, as well as any other applicable policies and procedures instituted by Floors To Go. This ensures that all online advertising aligns with the brand's standards and protects its intellectual property.
Floors To Go franchisees are prohibited from interfering with the company's use of its trademarks. Franchisees must operate their business in a manner that does not impair the goodwill associated with the Floors To Go marks. While franchisees cannot incorporate "Floors To Go" into their legal business name, they are required to adopt a fictitious trade name that includes "Floors To Go," complying with all fictitious name registration statutes. Upon termination of the franchise agreement, franchisees must remove "Floors To Go" from their fictitious business name registrations.
Floors To Go retains all rights and interests in its original marks, including any modifications or improvements made by franchisees. Franchisees acknowledge Floors To Go's exclusive rights to the marks and agree not to dispute the validity or value of these marks. Franchisees are expected to use all reasonable means to promote the purchase of Floors To Go products and maintain goodwill towards the Floors To Go name and system. This includes maintaining high ethical standards and providing high-quality service to the public. Floors To Go franchisees must promote the FTG System and cannot participate in other similar buying, merchandising, sales, or marketing services for similar products while a member of the FTG System.