What happens to any permutation of the Marks adopted and used by a Floors To Go franchisee?

According to the 2025 Floors To Go Franchise Disclosure Document, any variation of the Floors To Go Marks that a franchisee uses automatically becomes the property of Floors To Go. These variations are then treated as official Marks subject to the franchise agreement. This means that while a franchisee might create or adopt a slightly different version of the logo or name for their specific location or marketing efforts, Floors To Go retains full ownership and control over it.

This clause ensures that Floors To Go maintains a consistent brand identity and can control how its trademarks are used across all franchise locations. It prevents franchisees from inadvertently or intentionally creating marks that could dilute or damage the brand. It also allows Floors To Go to incorporate successful franchisee-developed variations into its broader marketing and branding strategies.

For a prospective franchisee, this means that any creative ideas they have for adapting the Floors To Go Marks must be carefully considered and approved by the franchisor. While franchisees are encouraged to market their individual showrooms, they cannot independently own or control any modifications to the core trademarks. This is a common practice in franchising, as it protects the overall brand and ensures uniformity across the franchise system. Floors To Go also benefits from the goodwill generated by the use of the Marks.

Floors To Go also states that every use of the Marks by the franchisee will inure to the benefit of Floors To Go. The franchisee will not acquire any rights in such Marks beyond the license provided in the agreement, regardless of how much they use the Marks. Floors To Go retains the right to file and prosecute applications for registration of the Marks in any country or jurisdiction, and the franchisee must cooperate with Floors To Go in connection with any such filings. However, the expenses of preparing and prosecuting such applications will be borne solely by Floors To Go.