What rights does FTG exercise in connection with the "Floors To Go" system?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
rently plan to maintain physically separate offices from Abbey Carpet Co., Inc.
ITEM 13. TRADEMARKS
FTG exercises the rights, title and interest in, together with all the goodwill connected to, the trademark "Floors To Go" and all other marks used in connection with the FTG System.
The following table lists all the principal trademarks to be licensed to FTG members, including all Federal Trademarks and Service Marks that have been registered with the U.S. Patent and Trademark Office ("PTO") and those for which registration is pending.
| TRADEMARK | REGISTRATION NO. | REGISTRATION DATE | REGISTER | |---|---|---|---| | Floors To Go (stylized | 1,903,872 | July 4, 1995 | Principal | | lettering) (SM) | | | | | Floors To Go (SM) | 3,227,579 | April 10, 2007 | Principal | | Floors To Go and design | 3,227,580 | April 10, 2007 | Principal | | (stylized lettering) (SM) | | | | A combined Affidavit of Continued Use and Incontestability (§ 8 and § 15 of the Trademark Act of 1946, as amended) relating to Registration No. 1,903,872 was filed and has been accepted by the PTO. This registration was renewed for additional ten-year periods in 2005 and 2015.
Combined Affidavits of Continued Use and Incontestability (§ 8 and § 15 of the Trademark Act of 1946, as amended) relating to Registration Nos. 3,227,579 and 3,227,580 were filed and have been accepted by the PTO. Each registration was renewed for a 10 year period in 2016.
Source: Item 13 — TRADEMARKS (FDD pages 30–31)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, FTG exercises the rights, title, and interest in the "Floors To Go" trademark, along with all associated goodwill, and all other marks used within the Floors To Go system. This means that Floors To Go owns the brand and its associated trademarks, and franchisees are granted the right to use these marks as part of their franchise agreement. This ownership allows Floors To Go to control how the brand is presented and used, ensuring consistency across all franchise locations.
The FDD also lists the principal trademarks licensed to Floors To Go members, including registered Federal Trademarks and Service Marks with the U.S. Patent and Trademark Office. These include "Floors To Go (stylized lettering) (SM)" (Registration No. 1,903,872, registered July 4, 1995), "Floors To Go (SM)" (Registration No. 3,227,579, registered April 10, 2007), and "Floors To Go and design (stylized lettering) (SM)" (Registration No. 3,227,580, registered April 10, 2007). These registrations provide legal protection for the Floors To Go brand and its logos, preventing unauthorized use by others.
Floors To Go also has the right to defend franchisees against infringement claims related to the use of licensed names or marks. They will make reasonable efforts to protect the franchisee's right to use the marks and have the sole discretion to take action against infringements. The Membership Agreement requires Floors To Go to protect and defend the use of all membership-related trade names and service marks and to indemnify franchisees for expenses or damages from administrative or judicial proceedings involving a licensed mark. However, franchisees must also indemnify Floors To Go for any expenses or damages resulting from improper or unauthorized use of any licensed mark.
As a franchisee, it is important to understand these trademark rights and obligations. You are required to use the Floors To Go trademarks according to the franchise agreement and must not contest Floors To Go's ownership of these marks. You are also obligated to notify Floors To Go immediately of any infringement or challenges to your use of the marks. By adhering to these guidelines, franchisees can help protect the Floors To Go brand and avoid potential legal issues.