What constitutes the 'Marks' for Atwell Suites, as defined in this section?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
trator or any court, any pending interference, opposition, or cancellation proceeding, or any pending material litigation involving any of the above-referenced Marks which is relevant to your use. There is no pending material federal or state court litigation regarding our use or ownership rights in any Mark.
The "Marks" consist of the name and mark "Atwell Suites" and the other service marks, trademarks, trade names, slogans, commercial symbols, logos, trade dress, copyrighted material and intellectual property associated with the Brand System, including those which Holiday may designate in the future and those which Holiday does not designate as withdrawn from use. The License restricts your use of the Marks, and you must use the Marks and all forms of identification that are seen by members of the consuming public or used to identify the Hotel to actual or prospective consumers only in compliance with Holiday's requirements. The restrictions and requirements that limit your use of the Marks and identifications apply to all formats (including print, electronic and other media) and include domain names, Uniform Resource Locator ("URL"), and other identifications or elements used in electronic commerce.
Source: Item 13 — TRADEMARKS ITEM 13 (FDD pages 88–89)
What This Means (2025 FDD)
According to Atwell Suites's 2025 Franchise Disclosure Document, the "Marks" encompass the name and mark "Atwell Suites" along with other service marks, trademarks, trade names, slogans, commercial symbols, logos, trade dress, copyrighted material, and intellectual property associated with the Brand System. This includes any marks that Holiday may designate in the future, as well as those it may withdraw from use.
The license agreement restricts how a franchisee can use these Marks. Franchisees must adhere to Holiday's requirements when using the Marks and all forms of identification seen by the public or used to identify the hotel to consumers. These restrictions apply across all formats, including print, electronic media, domain names, and URLs used in electronic commerce. Franchisees are specifically prohibited from registering any of the Marks as part of an internet domain name or URL and from displaying or using the Marks or other intellectual property related to the Brand System on any website without authorization.
Several trademarks associated with Atwell Suites are registered on the Principal Register of the United States Patent and Trademark Office. These include "ATWELL SUITES AN IHG HOTEL (logo)" (Reg. No. 6279891, dated 03/02/21), "ATWELL SUITES" (Reg. No. 6926582, dated 12/13/22), and various IHG-related marks. Additionally, there are pending applications for trademarks such as the "IHG Hotels & Resorts Logo" in different variations, which were filed in February 2024. The franchisor retains sole decision over the naming of the Hotel, and the name can only be changed at Holiday's discretion unless otherwise agreed in writing.