Who has the right to file and prosecute applications for registration of the Floors To Go Marks?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge that only we may file and prosecute applications for registration of the Marks in any country or jurisdiction and agree that we may, from time to time, pursue such registrations we may deem advisable.
You shall cooperate with us in connection with any such filings, but the expenses of preparing and prosecuting such applications shall be borne solely by us.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, Floors To Go retains the exclusive right to file and prosecute applications for registration of its Marks across all countries and jurisdictions. While franchisees are expected to cooperate with Floors To Go in these filings, the financial responsibility for preparing and prosecuting these applications rests solely with Floors To Go. This ensures that Floors To Go maintains complete control over its brand's intellectual property.
This arrangement is typical in franchising, as it allows the franchisor to protect the brand's trademarks consistently and globally. It prevents individual franchisees from taking actions that could weaken or create inconsistencies in the brand's trademark portfolio. Floors To Go's proactive approach to managing its trademarks is further emphasized by its commitment to protecting its name and marks against misuse or unauthorized use, as determined at its discretion.
For a prospective Floors To Go franchisee, this means they do not have the right to independently register or modify the Floors To Go Marks. Any modifications or improvements to the Marks made by a franchisee automatically become the property of Floors To Go. This underscores the importance of adhering to Floors To Go's brand standards and guidelines to ensure consistent brand representation and avoid potential conflicts over intellectual property rights. The franchisee's use of the Marks benefits Floors To Go, and they do not acquire any rights to the Marks beyond the license granted in the franchise agreement.