What actions is an Atwell Suites licensee required to take to help protect and maintain the Marks?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
n all such matters. All recoveries made as a result of disputes with third parties regarding use of the Marks or Brand System or any part thereof shall be for the account of IHG. IHG need not initiate suit against alleged imitators or infringers, and may settle any dispute by grant of a license or otherwise. Licensee will not initiate any suit or proceeding against alleged imitators or infringers, or any other suit or proceeding to enforce or protect the Marks or Brand System.
C. Protection and Use of Name and the Marks.
Both parties will make every effort consistent with the foregoing to protect and maintain the Marks. Licensee agrees to execute any documents deemed necessary by IHG or its counsel to obtain or maintain protection for the Marks or any part of the Brand System or to maintain their continued validity and enforceability. Licensee agrees to use the Marks associated with the Brand System (i) only in connection with the operation of the Hotel during the License Term following the opening of the Hotel in the Brand System or at such earlier time as is expressly and specifically authorized by IHG, (ii) only in the manner expressly authorized by IHG and (iii) in no way that would tend to allow the Marks to become generic, lose their distinctiveness, become liable to mislead the public or be detrimental to or inconsistent with the good name, goodwill or favorable reputation and image of the Marks or IHG. Licensee acknowledges that any unauthorized, unpermitted or prohibited use of any of the Marks shall constitute infringement of IHG's rights. The restrictions and requirements that limit Licensee's use of the Marks and identifications apply to all formats (including print, electronic and other media) and include domain names, URL, and other identifications or elements used in electronic commerce. Licensee shall not, directly or indirectly, use, register, obtain or maintain a registration for any trademark that contains any Mark or any other of IHG's
service marks or trademarks that is, in IHG's sole opinion confusingly similar, to any of the Marks or any other of IHG's service marks or trademarks (including misspellings, abbreviations and initials).
D. Modification or Discontinuation of the Marks.
If IHG modifies or discontinues use of any of the Marks licensed under this License as a result of any proceeding or settlement or for any other reason, then Licensee agrees to comply with IHG's instructions in order to implement such modification or discontinuation. Licensee further agrees that it will have no right to any compensation or other remedies from IHG or any of its Affiliates as a consequence of any such modification or discontinuation.
E. Architectural Modifications.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, both parties, the franchisor and the franchisee, are expected to put forth effort to protect and maintain the Marks. The licensee must agree to execute documents that Atwell Suites deems necessary to obtain or maintain protection for the Marks or any part of the Brand System, or to maintain their continued validity and enforceability. The licensee must use the Marks associated with the Brand System only in connection with the operation of the Hotel during the License Term, following the opening of the Hotel in the Brand System, or when expressly authorized by IHG. The licensee must use the marks only in the manner expressly authorized by IHG. The licensee must not use the marks in any way that would tend to allow the Marks to become generic, lose their distinctiveness, become liable to mislead the public, or be detrimental to or inconsistent with the good name, goodwill, or favorable reputation and image of the Marks or IHG.
The Atwell Suites licensee acknowledges that any unauthorized, unpermitted, or prohibited use of any of the Marks constitutes infringement of IHG's rights. The restrictions and requirements that limit the licensee's use of the Marks and identifications apply to all formats (including print, electronic, and other media) and include domain names, URLs, and other identifications or elements used in electronic commerce. The licensee cannot directly or indirectly use, register, obtain, or maintain a registration for any trademark that contains any Mark or any other of IHG's service marks or trademarks that is, in IHG's sole opinion, confusingly similar to any of the Marks or any other of IHG's service marks or trademarks, including misspellings, abbreviations, and initials.
If IHG modifies or discontinues use of any of the Marks licensed under this License as a result of any proceeding or settlement or for any other reason, then the Atwell Suites licensee agrees to comply with IHG's instructions in order to implement such modification or discontinuation. The licensee further agrees that it will have no right to any compensation or other remedies from IHG or any of its Affiliates as a consequence of any such modification or discontinuation. The "Marks" include the name and mark "Atwell Suites™", IHG One Rewards and IHG Concerto and their distinguishing characteristics and the other service marks, trademarks, trade names, slogans, commercial symbols, logos, trade dress, copyrighted material and intellectual property associated with the Brand System.