What are Baymont Inn Suites franchisees required to do regarding specifications, standards, and operating procedures during the term of the Franchise Agreement to maintain their right to use the Marks?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
bove, there are no other agreements that currently limit our right to use or license the Marks in a manner material to the franchise.
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
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.
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 is contingent upon operating the business in compliance with the Franchise Agreement. This includes adhering to all specifications, standards, and operating procedures that Baymont Inn Suites prescribes throughout the duration of the agreement. Unauthorized use of the trademarks constitutes an infringement of Baymont Inn Suites's rights.
Specifically, franchisees cannot use the trademarks in their corporate name, partnership name, tradename, the 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 Baymont Inn Suites. However, a franchisee 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.
Furthermore, franchisees must cooperate with Baymont Inn Suites by providing necessary documents or evidence to protect the trademarks and maintain their validity and enforceability. Franchisees are also required to promptly notify Baymont Inn Suites of any unauthorized use of the Marks or confusingly similar marks, as well as any challenges to the right to use or ownership of the Marks. Baymont Inn Suites retains the exclusive right to control any legal proceedings related to the Marks, including settlements, and is not obligated to share any settlement sums or damages awarded with the franchisee.