Is a Floors To Go franchisee allowed to use the Marks in any manner they choose?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
itory, customers, or franchisor support. The conflict resolution provisions of the Agreement apply to any disputes relating to your FTG membership.
4. Our Name and Mark
One of our most valued assets is our intellectual property rights in our name. As such, at no time will you be permitted or authorized, directly or indirectly, to take any action to contest our ownership, title, right, or interest in the "Floors To Go" trade names, trademarks, service marks, trade secrets, methods, procedures, or advertising techniques which are a part of our business, or to contest our sole right to register, use, or license others to use 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. Whenever requested by us, whether during the term or thereafter, you shall execute such documents and instruments as our legal counsel may deem necessary or appropriate to confirm our ownership of all rights in and to the Marks, to maintain the validity of the Marks, or to obtain or maintain registrations thereof.
- d.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, franchisees are not allowed to use the Marks in any manner they choose. Floors To Go retains control over the use of its trademarks, service marks, and logos. Franchisees must adhere to specific guidelines and requirements set by Floors To Go when using the Marks in advertising, signage, and other materials.
Floors To Go requires franchisees to use the name "Floors To Go" and other authorized names or logos on display signs, decorations, advertising, and sample materials. Franchisees must also include any legends, markings, and notices, such as copyright and trademark symbols, as required by Floors To Go. While franchisees are authorized to adopt a fictitious trade name incorporating "Floors To Go", they cannot incorporate these words into their legal business name. Upon termination of the franchise agreement, franchisees must remove "Floors To Go" from their fictitious business name registrations.
Floors To Go maintains a website for each franchise location on the domain www.floorstogo.com. If a franchisee chooses to develop an independent website, it must comply with Floors To Go's trademark, service mark, logo, and advertising requirements. This includes obtaining prior written approval for the domain name, home page addresses, hyperlinks, and other links used on the website. Franchisees must also avoid using materials in which any third party has an interest without approval.
Franchisees are prohibited from interfering with Floors To Go's use of its Marks or impairing the goodwill associated with them. They cannot contest the validity or value of the Marks or the company's exclusive rights to use them. Any unauthorized use of the Marks by a franchisee could lead to claims for which the franchisee would be required to indemnify Floors To Go.