From what document does the Baymont Inn Suites franchisee's right to use the Marks derive?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Your right to use the Marks and any other symbols, logos, insignia, trademarks or service marks developed for or with your Baymont hotel is derived solely from the Franchise Agreement and is limited to the conduct of business under and in compliance with the Franchise Agreement and all applicable specifications, standards and operating procedures we prescribe during the term of the Franchise Agreement. Any unauthorized use of the Marks by you will constitute an infringement of our rights in and to the Marks. You may not use the Marks in your corporate name, partnership name, tradename, name of any business entity, legal name, social media profile or handle name, or in any Internet address or domain used to identify a site on the Internet unless otherwise approved by us, but you may use a Mark in an assumed business or trade name filing, provided such filing is the full name of the property, including any secondary designation as set forth in the Franchise Agreement. You must cooperate to provide us with documents or other
Source: Item 13 — TRADEMARKS (FDD pages 76–78)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, a franchisee's right to use the brand's trademarks (or "Marks") comes directly from the Franchise Agreement. This right is specifically tied to operating the Baymont Inn Suites business in compliance with the Franchise Agreement itself, as well as any standards and operating procedures that Baymont Inn Suites sets during the term of the agreement. Unauthorized use of the Marks constitutes an infringement of Baymont Inn Suites's rights.
This means that as a franchisee, you are granted a limited license to use the Baymont Inn Suites trademarks, but only within the scope defined by the Franchise Agreement. You cannot use the trademarks in ways not explicitly permitted, such as in your corporate name or on social media, without prior approval from Baymont Inn Suites. However, you can use a Mark in an assumed business or trade name filing, provided such filing is the full name of the property, including any secondary designation as set forth in the Franchise Agreement.
Baymont Inn Suites retains ownership of all rights to the Marks and associated goodwill, and franchisees are prohibited from contesting their interest in the Marks. Franchisees are also obligated to assist Baymont Inn Suites in protecting the Marks by providing necessary documentation and reporting any unauthorized use or challenges to the Marks. This underscores the importance of carefully reviewing the Franchise Agreement to fully understand the scope and limitations of your right to use the Baymont Inn Suites trademarks.