What service marks are included in the definition of 'Marks' for an Americas Best Value Inn franchise?
Americas_Best_Value_Inn Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Definitions of Marks. "Marks" means the service mark Americas Best Value Inn®, America's Best Value Inn & Suites® and all other trademarks, service marks, trade names, logos, and commercial symbols that we authorize you to use as part of the Brand.
Source: Item 23 — RECEIPTS (FDD pages 71–223)
What This Means (2025 FDD)
According to the 2025 Americas Best Value Inn Franchise Disclosure Document, the term "Marks" encompasses specific service marks and a broader range of identifiers that the franchisee is authorized to use. Specifically, the defined Marks include the service marks "Americas Best Value Inn®" and "America's Best Value Inn & Suites®".
In addition to these explicitly named service marks, the definition of "Marks" extends to all other trademarks, service marks, trade names, logos, and commercial symbols that Americas Best Value Inn authorizes the franchisee to use as part of the brand. This implies that while the agreement specifies certain core marks, the franchisor retains the flexibility to authorize the use of additional marks throughout the duration of the franchise agreement.
As an Americas Best Value Inn franchisee, it is crucial to understand the scope of authorized "Marks" because their usage is strictly governed by the Brand Standards and the franchise agreement. Unauthorized use of these marks could lead to a breach of contract. Franchisees should refer to Schedule 11 of the franchise agreement and any updates from the franchisor to ensure compliance with the approved usage of the brand's intellectual property.