What is a "Floors To Go" franchisee 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 have specific obligations regarding the brand's trademarks. Floors To Go franchisees must not contest the company's ownership or rights to its trade name, trademarks, service marks, or domain names. This includes an agreement not to challenge Floors To Go's right to register, use, or license these trademarks to others globally. This is a standard clause in franchise agreements to protect the brand's intellectual property.
Furthermore, franchisees are prohibited from incorporating "Floors To Go" or any confusingly similar names, marks, or logos into their legal business name or domain names. However, they are required to adopt a fictitious trade name that includes the words "Floors To Go." This allows franchisees to operate under the brand name while maintaining a distinct legal business identity.
Floors To Go also commits to defending franchisees against any claims of infringement or unfair competition arising from their authorized use of the licensed trademarks. Franchisees are obligated to immediately notify Floors To Go in writing of any infringement or challenges to the use of the marks, after which Floors To Go has the sole discretion to take appropriate action. The Membership Agreement mandates that Floors To Go protect and defend the use of all membership-related trade names and service marks and indemnify franchisees for expenses or damages from any administrative or judicial proceeding involving a licensed mark. Conversely, franchisees must indemnify Floors To Go for any expenses or damages resulting from their improper or unauthorized use of any licensed mark.