What section of the Floors To Go franchise agreement discusses Floors To Go's name and mark?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
itory, customers, or franchisor support. The conflict resolution provisions of the Agreement apply to any disputes relating to your FTG membership.
4. Our Name and Mark
One of our most valued assets is our intellectual property rights in our name. As such, at no time will you be permitted or authorized, directly or indirectly, to take any action to contest our ownership, title, right, or interest in the "Floors To Go" trade names, trademarks, service marks, trade secrets, methods, procedures, or advertising techniques which are a part of our business, or to contest our sole right to register, use, or license others to use such trade names, trademarks, service marks, trade secrets, methods, procedures, or advertising techniques.
4.1. Ownership Rights Defined.
- a. Your use of our service marks, trade names, and trademarks, including, but not limited to, Floors To Go and design and Floors To Go Your Hometown Flooring Center and design (collectively referred to as the "FTG Marks" or the "Marks") shall inure to our sole benefit. We are the sole owner of all right, title, and interest in and to the FTG Marks and goodwill attributed to the use of the FTG Marks. You expressly disclaim any and all rights, title, and interest in and to the FTG Marks licensed for your use and to any additional marks introduced by us after execution of this Agreement.
- 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.
- c. Whenever requested by us, whether during the term or thereafter, you shall execute such documents and instruments as our legal counsel may deem necessary or appropriate to confirm our ownership of all rights in and to the Marks, to maintain the validity of the Marks, or to obtain or maintain registrations thereof.
- d. You agree that the nature and quality of the goods sold by you or on your behalf in connection with Marks shall be subject to our approval, and we shall have the right to inspect the quality of the goods sold under Marks.
- e. You may not transfer or assign to anyone, including your employees or independent contractors, your rights to use the Marks or your rights to participate in the FTG System or any of the FTG programs.
- 4.2. Use of the FTG Marks and Names. You shall confine your use of the FTG Marks to the sale of products and services authorized by us, unless otherwise approved in writing. You shall use the FTG Marks only in connection with the FTG System, and such use is specifically limited to your operation within Your Territory. Use of the FTG Marks or reference to your FTG location for any other business, event, or purpose is strictly prohibited, except with our prior written consent. If you or an affiliate of yours owns or operates an Abbey Carpet Showroom or a The Floor Club Showroom, you are expressly prohibited from using the Abbey Carpet name, marks or business address or The Floor Club name, marks or business address in any FTG advertisement or other form of publicity, which may include newspaper and radio advertisements, signs, billboards, flyers, coupons or similar items. You specifically acknowledge and agree that you are not permitted to use our corporate name or trade names or the FTG Marks, or any colorable imitations of those FTG Marks, for identifying, referencing, linking or otherwise connecting to any Internet Web Site or Domain Name other than those Internet Web Sites and Domain Names as are presently, or may be subsequently, owned by or registered to us.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, section 4 of Item 23 discusses Floors To Go's name and mark. This section emphasizes that the intellectual property rights to the Floors To Go name are a valued asset. As a franchisee, you are not allowed to take any actions that contest Floors To Go's ownership of their trade names, trademarks, service marks, trade secrets, methods, procedures, or advertising techniques. You also cannot contest their right to register, use, or license these to others.
Section 4.1 further defines ownership rights, stating that any use of Floors To Go's service marks, trade names, and trademarks, including "Floors To Go and design" and "Floors To Go Your Hometown Flooring Center and design" (collectively referred to as the "FTG Marks" or the "Marks"), will solely benefit Floors To Go. Floors To Go retains ownership of all rights, titles, and interests in the FTG Marks and the goodwill associated with them. As a franchisee, you expressly disclaim any rights to these marks, including any additional marks introduced after the agreement is signed.
Furthermore, all rights to the Marks, including trademark, design, patent, and copyright rights, are reserved to Floors To Go, except for the user trademark rights specifically granted in the agreement. Any rights arising from your use of the Marks automatically become Floors To Go's property without notice. You are only allowed to use these rights within your territory during the original and any renewal terms of the agreement. Floors To Go may request you to execute documents confirming their ownership of the Marks to maintain their validity or registrations.
Section 4.10 also addresses related rights, stating that you acknowledge Floors To Go's ownership and rights connected to the Marks, including the validity of all registrations. You must not take any actions that could impair Floors To Go's rights. You cannot challenge the validity of the Marks or Floors To Go's rights under the agreement, nor can you willingly become involved in litigation contesting the Marks. Additionally, you cannot avoid your obligations due to claims that the Marks are invalid. Any modifications of the Marks you use become Floors To Go's property and are subject to the agreement. Your use of the Marks benefits Floors To Go, and you do not acquire any rights beyond the license provided in the agreement. Floors To Go has the exclusive right to file and pursue trademark registration applications, and you must cooperate with them in these efforts, although Floors To Go bears the expenses.