What rights does FTG exercise regarding the "Floors To Go" trademark?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
To the best of FTG's knowledge, there are currently no superior prior rights or infringing uses actually known to FTG that could materially affect your use of the FTG trademarks in the United States.
You irrevocably agree not to contest, directly or indirectly, FTG's ownership, title, right, or interest in its trade name, and any trademarks, service marks, or any domain names that include FTG's trademarks or service marks, trade secrets, methods, procedures, and advertising techniques which are a part of FTG's business or to contest FTG's sole right to register, use or license others to use such trade names, trademarks, service marks, domain names trade secrets, methods, procedures, and techniques anywhere in the world. You shall not incorporate the words "Floors To Go" or any other confusingly similar names, marks, or logos associated therewith as part of your legal business name or domain names, but you are authorized and required to adopt a fictitious trade name incorporating the words "Floors To Go."
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 Floors To Go owns the trademark and has the right to use and protect it. They also control how the brand is perceived and represented.
The FDD 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 (PTO) and those with pending registration. Specifically, the registered trademarks include "Floors To Go" (stylized lettering) with registration number 1,903,872 since July 4, 1995, "Floors To Go" with registration number 3,227,579 since April 10, 2007, and "Floors To Go and design (stylized lettering)" with registration number 3,227,580 since April 10, 2007.
Floors To Go also states that there are no known superior prior rights or infringing uses that could materially affect a franchisee's use of the Floors To Go trademarks in the United States. As a franchisee, you irrevocably agree not to contest Floors To Go's ownership of its trade name, trademarks, service marks, or domain names. You are also prohibited from incorporating "Floors To Go" or similar names into your legal business name or domain names, but you are authorized and required to adopt a fictitious trade name incorporating the words "Floors To Go."