What must a Baymont Inn Suites franchisee do to help the franchisor protect the Marks?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
, 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
1 References to Wyndham Hotels and Resorts, LLC in this Item 13 mean the owner of the "Wyndham" family of trademarks and not our ultimate parent, Wyndham Hotels & Resorts, Inc.
evidence necessary to obtain protection for the Marks or to maintain their continued validity and enforceability. As between us, we and our affiliates own all rights in the Marks and associated goodwill. You may not contest our or their interest in the Marks, or assist anyone else to do so.
You must promptly notify us of any unauthorized use of the Marks or marks that are confusingly similar to the Marks. You must notify us of any challenge to your right to use, or the ownership of, the Marks. We alone have the right to control any proceeding or litigation involving the Marks, including any settlement. We need not initiate suit against imitators or infringers who do not have a material adverse impact on your Facility or any other suit or proceeding to enforce or protect the System in a matter we do not believe to be material.
Source: Item 13 — TRADEMARKS (FDD pages 76–78)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, franchisees have several obligations to assist in protecting the brand's trademarks. Franchisees must cooperate by providing documents or other evidence necessary for Baymont Inn Suites to obtain or maintain protection for the Marks. Franchisees are prohibited from contesting Baymont Inn Suites's or its affiliates' interest in the Marks or assisting others in doing so. This means a franchisee cannot challenge the validity or ownership of the Baymont Inn Suites trademarks.
Furthermore, franchisees are required to promptly notify Baymont Inn Suites of any unauthorized use of the Marks or any confusingly similar marks. They must also report any challenges to their right to use the Marks or to the ownership of the Marks. Baymont Inn Suites retains exclusive control over any legal proceedings or litigation involving the Marks, including settlements. Baymont Inn Suites is not obligated to pursue legal action against imitators or infringers if the impact on the franchisee's facility is not material, and Baymont Inn Suites is entitled to retain all sums obtained in settlements or damages without sharing with the franchisee. Franchisees are expected to cooperate with Baymont Inn Suites's efforts to resolve disputes related to the Marks.
These stipulations are typical in franchising, as franchisors need to maintain tight control over their brand identity. By requiring franchisees to report infringements and cooperate in legal matters, Baymont Inn Suites aims to safeguard its trademarks and brand reputation. The franchisee benefits from this protection as it helps maintain the value and recognition of the Baymont Inn Suites brand, which is essential for attracting customers. However, franchisees should be aware that they have limited control over how Baymont Inn Suites chooses to enforce its trademark rights and will not receive any portion of settlement proceeds or damages awarded.