What is the deadline for an Atwell Suites licensee to provide IHG with evidence of compliance regarding the cancellation of any fictitious, trade, or assumed name registrations containing any Marks after termination or expiration of the license?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon expiration or other termination of this License, all rights granted under this License will immediately terminate and Licensee will take whatever action is necessary to assure that no use is made of any part of the Brand System at or in connection with the Hotel after the License Term ends. This will involve, among other things, returning to IHG the Standards and all other materials proprietary to IHG, ceasing the use of the Marks and any other of IHG's trademarks or service marks, physical changes of distinctive Brand System features of the Hotel, including, but not limited to, removal of the primary freestanding sign down to the structural steel, as well as removal of any brand-mandated artwork, signage, graphics, and paint schemes (whether on walls, ceilings or floors) and all other actions required to preclude any possibility of confusion on the part of the public and to ensure that the Hotel is no longer using all or any part of the Brand System or otherwise holding itself out to the public as a Brand System hotel. In addition, Licensee must cancel any fictitious, trade, or assumed name or equivalent registration that contains any Marks or any variations thereof, and Licensee must furnish IHG with evidence satisfactory to IHG of compliance with this obligation within thirty (30) days after termination or expiration of this License. Anything in this paragraph which is not done by Licensee within 30 days after expiration or termination of this License may be done at Licensee's expense by IHG or its agents who may enter upon the premises of the Hotel for that purpose.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites's 2025 Franchise Disclosure Document, after the expiration or termination of the license, the licensee must cancel any fictitious, trade, or assumed name or equivalent registration that contains any Marks or any variations thereof. The licensee must then provide IHG with evidence of compliance regarding the cancellation within thirty (30) days after the termination or expiration of the license.
If the Atwell Suites licensee fails to comply within the specified 30-day period, IHG or its agents have the right to enter the hotel premises and take the necessary actions to ensure compliance. The licensee will be responsible for covering the expenses incurred by IHG or its agents in this process.
This requirement ensures that upon termination or expiration of the license, the Atwell Suites brand is completely removed from the hotel, preventing any potential confusion among the public. It protects IHG's brand and trademarks by ensuring that the licensee does not continue to operate under a similar name or identity after the agreement ends. Franchise agreements commonly include such clauses to protect the franchisor's brand identity and prevent unauthorized use of trademarks after the franchise relationship ends.