How must the Marks and all forms of identification be used to identify the Atwell Suites Hotel to consumers?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
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Brand System, including those which Holiday may designate in the future and those which Holiday does not designate as withdrawn from use.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. You may not register any of the Marks as part of any internet domain name or URL, and/or display or use any of the Marks or other intellectual property rights related to the Brand System in connection with any web site (see Item 11).
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 use of the Marks, which include the name "Atwell Suites" and associated logos, is restricted and must comply with Holiday's requirements. This applies to all forms of identification seen by the public or used to identify the hotel to potential customers. These restrictions extend to all formats, including print, electronic media, domain names, URLs, and other elements 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 on any website without authorization.
This means that an Atwell Suites franchisee must adhere strictly to the franchisor's guidelines when using the brand's trademarks in any customer-facing materials or online presence. This includes how the hotel is identified in advertising, signage, and on the internet. The franchisor maintains control over how the brand is presented to the public, ensuring consistency and protecting the brand's image.
Failure to comply with these trademark usage requirements can result in a breach of the franchise agreement and potential legal consequences. Therefore, it is crucial for prospective franchisees to fully understand and adhere to the franchisor's guidelines regarding the use of the Atwell Suites Marks and related intellectual property.