What is a "Floors To Go" franchisee authorized and required to do with the trademarks?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
s actually known to FTG that could materially affect your use of the FTG trademarks in the United States.
You irrevocably agree not to contest, directly or indirectly, FTG's ownership, title, right, or interest in its trade name, and any trademarks, service marks, or any domain names that include FTG's trademarks or service marks, trade secrets, methods, procedures, and advertising techniques which are a part of FTG's business or to contest FTG's sole right to register, use or license others to use such trade names, trademarks, service marks, domain names trade secrets, methods, procedures, and techniques anywhere in the world. You shall not incorporate the words "Floors To Go" or any other confusingly similar names, marks, or logos associated therewith as part of your legal business name or domain names, but you are authorized and required to adopt a fictitious trade name incorporating the words "Floors To Go."
ITEM 14. PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION
A. Patents and Copyrights
There are no patents or registered copyrights that are material to the FTG System. FTG claims ownership of, and all copyrights for, all lists, manuals and other written materials originating from FTG. Your right to use such materials is governed by the Membership Agreement.
B. Proprietary Information
FTG asserts a proprietary interest and right in and to its price list, cashback list, advertising, marketing and merchandising information, and product specifications (the "Proprietary Information") and all other material provided by FTG to you for use with the FTG System, including without limitation, information you receive on FTG's website located at www.ftginfonet.com.
Source: Item 13 — TRADEMARKS (FDD pages 30–31)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, franchisees are authorized and required to adopt a fictitious trade name incorporating the words "Floors To Go." However, franchisees are prohibited from incorporating the words "Floors To Go" or any confusingly similar names, marks, or logos associated with it as part of their legal business name or domain names. This means that while franchisees must use the Floors To Go name in their fictitious trade name, they cannot use it in their official legal business name or domain name. This is a common practice in franchising to maintain brand consistency while allowing for some local variation.
Floors To Go franchisees also irrevocably agree not to contest the company's ownership, title, right, or interest in its trade name, trademarks, service marks, or any domain names that include Floors To Go's trademarks or service marks. This extends to trade secrets, methods, procedures, and advertising techniques that are part of Floors To Go's business. Franchisees also cannot contest Floors To Go's sole right to register, use, or license others to use such trade names, trademarks, service marks, domain names, trade secrets, methods, procedures, and techniques anywhere in the world. This clause protects Floors To Go's intellectual property and ensures that franchisees do not challenge the company's rights to its brand and system.
Floors To Go will defend franchisees against any infringement, unfair competition, or other claim respecting the lawful and authorized use of any name or mark licensed by Floors To Go. Floors To Go will also make reasonable efforts to protect the franchisee's rights to use the Marks. If any infringement of, or challenge to, the franchisee's use of the Marks should occur, the franchisee is obligated to immediately provide Floors To Go with written notice. Floors To Go will then have the sole discretion to take such action as it deems appropriate. The Membership Agreement requires Floors To Go to protect and defend the use of all membership-related trade names and service marks. Floors To Go is required to indemnify the franchisee for expenses or damages for any administrative or judicial proceeding involving a mark licensed to the franchisee by Floors To Go. The franchisee agrees to indemnify Floors To Go for any expenses or damages for any improper or unauthorized use of any licensed mark by the franchisee.