What is the Floors To Go franchisee's obligation to confirm Floors To Go's ownership of rights in the Marks?

According to the 2025 Floors To Go FDD, franchisees must acknowledge and respect Floors To Go's intellectual property rights. Specifically, franchisees must not take any actions that contest Floors To Go's ownership of its trade names, trademarks, service marks, trade secrets, methods, procedures, or advertising techniques. This includes refraining from contesting Floors To Go's right to register, use, or license these assets to others. The franchisee's use of Floors To Go's marks, such as "Floors To Go" and related designs, must benefit Floors To Go exclusively, and franchisees expressly disclaim any rights to these marks.

Floors To Go retains all rights to its marks, including trademark, design, patent, and copyright rights, except for the user trademark rights granted to the franchisee. Any rights arising from the franchisee's use of the marks automatically become Floors To Go's property without requiring notice or a formal deed. The franchisee is only permitted to use these rights within their territory during the term of the franchise agreement.

Moreover, the franchisee is obligated to execute documents and instruments, when requested by Floors To Go, to confirm Floors To Go's ownership of all rights in the marks. This obligation extends to actions necessary to maintain the validity of the marks or to obtain or maintain registrations. This requirement ensures that Floors To Go can legally protect its brand and intellectual property, and that the franchisee actively supports these efforts.