Does the Floors To Go franchisee have the right to use the Marks after the agreement terminates?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
seminating, or in any other manner disclosing or using any Proprietary Information and other proprietary materials, all of which you acknowledge to be our trade secrets;
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- You shall remove the FTG Marks from all Showroom signage, interior and exterior;
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- You shall cease to utilize the FTG System;
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- You shall immediately cease to use, by advertising or in any manner whatsoever, the name "Floors To Go" and any forms, slogans, signs, marks, symbols, and devices used in connection with the operation of a Floors To Go independent Showroom. You shall not represent or advertise that we were formerly parties to this Agreement or that you did business under our trademarks or trade names; and
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- You shall take such action as shall be necessary to cancel any assumed name or equivalent registration which contains the name "Floors To Go" or any of our other trademarks, and you shall furnish to us evidence satisfactory to us of compliance with this obligation within thirty (30) days after said termination.
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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 have the right to use the Floors To Go marks after the termination or expiration of the franchise agreement. The FDD states that the franchisee's rights to use the marks end upon termination or expiration of the agreement. The franchisee must discontinue the use of all items bearing the FTG Marks and remove the FTG Marks from all showroom signage, both interior and exterior. They must also cease using the Floors To Go system.
Specifically, the franchisee must stop using the name "Floors To Go" in any advertising or manner and cannot represent that they were formerly associated with Floors To Go. Furthermore, the franchisee is required to cancel any assumed name registrations that include the Floors To Go name or trademarks within 30 days of termination and provide evidence of compliance.
Floors To Go retains the right to protect its name and marks against unauthorized use. The franchisee acknowledges that all rights to the marks belong to Floors To Go and agrees not to contest the validity or value of these marks. This is a standard clause in most franchise agreements, ensuring brand consistency and protecting the franchisor's intellectual property.
These stipulations are important for a prospective franchisee to understand, as they will need to rebrand their business entirely after the franchise agreement ends. This includes not only physical signage but also online presence and marketing materials. Failing to comply with these requirements could result in legal action from Floors To Go.