Does the Floors To Go franchisee have any rights to the FTG Marks?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
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 have very limited rights to the FTG Marks. Floors To Go retains sole ownership of all rights, titles, and interests in the FTG Marks, including trademarks and goodwill associated with their use. Franchisees are expressly prohibited from contesting Floors To Go's ownership or taking any action that could infringe upon their intellectual property rights. Any use of the FTG Marks by a franchisee inures solely to the benefit of Floors To Go.
Floors To Go franchisees are granted a limited right to use the FTG Marks during the term of their agreement, specifically within their designated territory. This usage is restricted to activities directly related to exercising their rights as a franchisee. However, franchisees cannot register or acquire any independent interest in the FTG Marks. Any modifications or improvements to the marks made by the franchisee, with the exception of user trademark rights, automatically become the property of Floors To Go.
Upon termination of the franchise agreement, the franchisee's right to use the FTG Marks immediately ceases. The franchisee must discontinue all use of the marks in advertising and remove them from all signage. They must also cancel any assumed name registrations that include "Floors To Go" or associated trademarks. These stipulations ensure that Floors To Go maintains complete control over its brand identity and prevents any potential confusion or misuse of its trademarks after a franchise agreement ends. Floors To Go may seek legal protection for the Marks at its own expense, and franchisees must cooperate with Floors To Go in protecting the Marks.