Under what conditions can Atwell Suites withhold or delay approval of trademark use?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither Customer nor Company will make use of the other's trademarks or logos (either alone or in conjunction with their or another party's trademarks or logos) without the prior written consent of that party, and Customer will not make use of any of the Bottler's trademarks or logos (either alone or in conjunction with their or another party's trademarks or logos) without the prior written consent of the Bottler, and all use of the other party's trademarks will inure to the benefit of trademark owner. For purposes of this Agreement, Company's and Customer's trademarks include trademarks owned, licensed to or controlled by an entity in which Company or Customer, respectively, has a 50% or more ownership interest. Each Party agrees that its approval will not be withheld or delayed unless (i) Customer determines that a Customer Mark has been used incorrectly for technical reasons (i.e., lack of trademark conformity) or (ii) Customer reasonably determines that the proposed activity or use would reflect negatively on Customer or the Participating System Hotels. TRADEMARKS. Neither Customer nor Company will make
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites' 2025 Franchise Disclosure Document, both the Customer and Company (likely referring to Atwell Suites) must obtain prior written consent before using each other's trademarks or logos. Atwell Suites specifies conditions under which approval for trademark use can be withheld or delayed.
Specifically, Atwell Suites can withhold or delay approval if the Customer incorrectly uses an Atwell Suites mark for technical reasons, such as a lack of trademark conformity. This means that if the franchisee does not adhere to the precise specifications of the trademark, Atwell Suites can prevent its use.
Additionally, Atwell Suites can withhold or delay approval if it reasonably determines that the proposed activity or use of the trademark would reflect negatively on Atwell Suites or the Participating System Hotels. This clause provides Atwell Suites with broad discretion to protect its brand image and reputation. It is important for prospective franchisees to understand these conditions, as they dictate the circumstances under which they might be prevented from using Atwell Suites' trademarks in their business operations.