What happens if the Floors To Go franchisee introduces additional marks?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
- c.
Any permutation of the Marks adopted and used by you shall be and become our property and shall be included as Marks subject to this Agreement.
You agree that your every use of the Marks shall inure to our benefit, and that you shall not at any time acquire any rights in such Marks beyond the license herein provided by virtue of any use you may make of such Marks.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, any modification of the Floors To Go marks adopted and used by a franchisee automatically becomes the property of Floors To Go. These modified marks will then be subject to the franchise agreement, meaning Floors To Go has full ownership and control over them. The franchisee's use of the marks, including any modifications, benefits Floors To Go, and the franchisee does not acquire any rights to these marks beyond the license granted in the franchise agreement.
This clause ensures that Floors To Go maintains consistent branding and quality control across all franchise locations. It prevents franchisees from creating their own versions of the brand that could dilute or damage the brand's reputation. This is a common practice in franchising, as franchisors need to protect their trademarks and ensure uniform brand representation.
For a prospective Floors To Go franchisee, this means that while they are required to use the Floors To Go name and logos in their business, they cannot create or introduce their own variations of the brand. Any unauthorized use of the marks could lead to legal issues and potential termination of the franchise agreement. Floors To Go retains the right to pursue trademark protection for the marks and the franchisee must cooperate with Floors To Go in any filings related to trademark protection.