What rights are reserved to Floors To Go regarding the Marks?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. All rights in and to the Marks, including, without limitation, trademark, design, patent and copyright rights, other than the user trademark rights specifically granted herein, are reserved to us. Any such rights which may arise in connection with your use of the Marks shall, without any requirement of notice or deed, be our property; provided, however, that you shall have the right, to the extent necessary in exercising your rights as a member hereunder, to the use of such rights during the Original Term and any Renewal Term of this Agreement only in Your Territory.
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 all rights to the Marks, except for the specific user trademark rights granted to the franchisee. These rights include trademark, design, patent, and copyright rights. Any rights that may arise from the franchisee's use of the Marks automatically become the property of Floors To Go without any need for notification or formal transfer. However, the franchisee has the right to use such rights within their territory during the term and any renewal term of the franchise agreement, as necessary to operate as a Floors To Go member.
Floors To Go may request the franchisee to execute documents confirming Floors To Go's ownership of all rights to the Marks, to maintain the validity of the Marks, or to obtain or maintain registrations. This ensures that Floors To Go can legally protect and enforce its trademarks. The franchisee is prohibited from taking any action that could impair Floors To Go's rights to the Marks and must acknowledge Floors To Go's ownership and rights connected with the Marks, as well as the validity of all registrations.
Floors To Go also has the right to protect and maintain all rights to the Floors To Go name and mark, including related names, marks, and logos, against any misuse, unauthorized use, or challenges. Floors To Go has sole discretion in determining how to protect these rights. The franchisee is required to provide reasonable assistance to Floors To Go in defending or protecting the Floors To Go name and mark. If the franchisee becomes aware of any infringement of the Floors To Go name or mark, they must promptly report it to Floors To Go, which then has the sole discretion to take action at its own expense.