Does every use of the Marks by a Floors To Go franchisee inure to the benefit of Floors To Go?

According to the 2025 Floors To Go FDD, any use of the Marks by a franchisee benefits Floors To Go. The FDD states that franchisees agree that every use of the Marks inures to the benefit of Floors To Go, and that franchisees will not acquire any rights in such Marks beyond the license provided in the agreement. This means that any goodwill or recognition generated through the franchisee's use of the Floors To Go Marks ultimately benefits the franchisor, and the franchisee does not gain ownership or proprietary rights to the Marks through their usage.

This clause is standard in franchising, as it protects the franchisor's intellectual property and brand identity. Floors To Go retains control over its Marks and ensures consistent branding across all franchise locations. The franchisee's rights to use the Marks are limited to the terms of the franchise agreement, and these rights cease upon termination or expiration of the agreement.

For a prospective Floors To Go franchisee, this means that while they are required to use the Floors To Go Marks in their business operations, they do not gain any ownership or lasting rights to those Marks. This underscores the importance of adhering to Floors To Go's brand standards and guidelines, as any deviation could potentially harm the overall brand and its associated goodwill, which is owned by the franchisor. Upon termination of the franchise agreement, the franchisee must discontinue all use of the Floors To Go Marks.