Can a Floors To Go franchisee transfer their rights to use the Marks?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
Based on the 2025 Floors To Go Franchise Disclosure Document, franchisees cannot independently transfer their rights to use the Floors To Go marks. The FDD emphasizes that Floors To Go retains ownership and control over its trademarks, service marks, and trade names, collectively referred to as the "FTG Marks" or the "Marks." A franchisee's use of these marks inures solely to the benefit of Floors To Go, and franchisees expressly disclaim any rights to the marks beyond the license granted in the franchise agreement. This means a franchisee cannot independently transfer or assign their right to use the Floors To Go marks to another party.
The agreement specifies that only Floors To Go can file for trademark protection and that franchisees must cooperate in confirming Floors To Go's ownership of the marks. Franchisees are prohibited from contesting the validity or value of the marks or interfering with Floors To Go's use of them. Any modifications or improvements to the marks made by a franchisee, except as otherwise provided, become the property of Floors To Go. This reinforces the franchisor's exclusive control over the brand's intellectual property.
Upon termination or expiration of the franchise agreement, the franchisee's right to use the Floors To Go marks immediately ceases. The franchisee must remove the marks from all signage and advertising and discontinue using the FTG System. This underscores that the right to use the Floors To Go marks is tied directly to the franchise agreement and cannot be transferred or continued independently. Prospective franchisees should understand that the value of the Floors To Go brand remains with the franchisor, and they gain only a limited, non-transferable right to use it during the term of their agreement.