Does a Floors To Go franchisee acquire any ownership rights to the FTG Marks?
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 Franchise Disclosure Document, franchisees do not acquire ownership rights to the FTG Marks. Floors To Go retains sole ownership of all rights, titles, and interests in the FTG Marks, including trademarks, trade names, and associated goodwill. The franchisee's use of these marks benefits Floors To Go exclusively.
The FDD emphasizes that franchisees expressly disclaim any rights to the FTG Marks licensed for their use, as well as any additional marks introduced by Floors To Go after the franchise agreement is signed. 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 term of the agreement within their territory.
Moreover, any modifications or improvements made to the marks by the franchisee become the property of Floors To Go. Franchisees cannot dispute the validity or value of the marks or Floors To Go's exclusive rights to use them. They are also obligated to assist in protecting these marks and must report any infringements to Floors To Go.
Upon termination of the franchise agreement, the franchisee's right to use the FTG Marks immediately ceases, and they must remove the marks from all signage and advertising. This ensures that Floors To Go maintains complete control and ownership of its brand identity.