Does the Floors To Go franchisee's use of the Marks inure to the benefit of Floors To Go?
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.
- 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.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go FDD, any use of the Marks by a franchisee inures to the benefit of Floors To Go. The FDD states that the franchisee's use of service marks, trade names, and trademarks, including Floors To Go, will inure to the sole benefit of Floors To Go. Floors To Go is the sole owner of all rights, titles, and interests in the FTG Marks and goodwill attributed to their use. The franchisee expressly disclaims any rights to the FTG Marks licensed for their use, including any additional marks introduced after the agreement's execution.
Floors To Go retains all rights to the Marks, including trademark, design, patent, and copyright rights, except for the user trademark rights specifically granted in the agreement. Any rights arising from the franchisee's use of the Marks automatically become the property of Floors To Go without requiring notice or a formal deed. The franchisee has the right to use such rights during the Original Term and any Renewal Term of the agreement, but only within their designated territory.
Furthermore, the Floors To Go franchisee must execute documents to confirm Floors To Go's ownership of all rights in the Marks and to maintain the validity of the Marks. The franchisee acknowledges Floors To Go's exclusive rights to the Marks and agrees not to dispute the validity or value of the Marks or Floors To Go's exclusive rights to use them. This ensures that all goodwill and brand recognition developed through the franchisee's efforts ultimately benefit Floors To Go and strengthen the overall brand.