What restrictions apply to the use of Marks for Atwell Suites, as specified by the License?
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Brand System, including those which Holiday may designate in the future and those which Holiday does not designate as withdrawn from use.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).
You may use the Marks only in connection with the operation of the Hotel during the License term, following opening of the Hotel in the Brand System or at any earlier time that Holiday authorizes. You may use the Marks only in the manner that Holiday authorizes, and 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, good will or favorable reputation and image of the Marks or Holiday. Under the License, any unauthorized or unpermitted use of the Marks will be considered infringement of Holiday's rights.
You must notify Holiday immediately when you learn of an infringement, or a challenge to your use of the Marks.
Source: Item 13 — TRADEMARKS ITEM 13 (FDD pages 88–89)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, the license agreement places specific restrictions on how franchisees can use the brand's Marks. These Marks include the name "Atwell Suites" along with service marks, trademarks, trade names, slogans, commercial symbols, logos, trade dress, copyrighted material, and other intellectual property associated with the Atwell Suites brand. Franchisees must adhere to Holiday's requirements when using these Marks in any form of identification seen by the public or used to identify the hotel to consumers.
The restrictions extend to all formats, including print, electronic media, domain names, and URLs. Franchisees are specifically prohibited from registering any of the Marks as part of an internet domain name or URL, and they cannot display or use the Marks or other related intellectual property on any website without authorization. This ensures that Atwell Suites maintains control over its brand identity and online presence.
Additionally, franchisees can only use the Marks in connection with the operation of the Atwell Suites hotel during the term of the license, starting when the hotel opens within the Brand System or earlier if Holiday authorizes it. The Marks must be used in a manner that Holiday authorizes and that does not allow the Marks to become generic, lose distinctiveness, mislead the public, or harm the reputation and image of the Marks or Atwell Suites. Unauthorized use of the Marks is considered an infringement of Holiday's rights. Franchisees must also notify Holiday immediately of any infringements or challenges to the use of the Marks.