Who jointly owns the 'Baymont by Wyndham' mark with the franchisor?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
The "Baymont by Wyndham" and "Baymont Inn & Suites by Wyndham" Marks are jointly owned by us and Wyndham Hotels and Resorts, LLC1 , a WHR subsidiary. The other above Marks are owned by us. The Trademark License Agreement between Wyndham Hotels and Resorts, LLC, and us to use the "by Wyndham" designation has a term which extends until March 31, 2043. We are required under the Trademark License Agreement to ensure that all Facilities utilizing the Mark meet our quality assurance standards.
Except as described above, 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.
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.
Source: Item 13 — TRADEMARKS (FDD pages 76–78)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, the 'Baymont by Wyndham' and 'Baymont Inn & Suites by Wyndham' marks are jointly owned by Baymont Inn Suites and Wyndham Hotels and Resorts, LLC, a subsidiary of WHR. A Trademark License Agreement between Wyndham Hotels and Resorts, LLC, and Baymont Inn Suites allows the use of the 'by Wyndham' designation until March 31, 2043. Baymont Inn Suites is obligated to ensure that all facilities using the mark meet their quality assurance standards under this agreement.
This arrangement means that while franchisees are granted the right to operate under the 'Baymont' and 'Baymont Inn & Suites' marks, the 'by Wyndham' designation comes with specific obligations to maintain quality standards. This is a common practice in the franchise industry, where a larger parent company licenses its brand name to a subsidiary franchisor.
For a prospective franchisee, this joint ownership and licensing agreement have several implications. First, the franchisee's right to use the marks is derived solely from the Franchise Agreement and is contingent upon compliance with Baymont Inn Suites's standards and operating procedures. Unauthorized use of the marks constitutes an infringement of Baymont Inn Suites's rights. Second, the franchisee must cooperate with Baymont Inn Suites to protect the marks. Finally, the franchisee cannot contest Baymont Inn Suites's or its affiliates' interest in the marks.
It is important for potential franchisees to understand the terms of the Trademark License Agreement, as it dictates the conditions under which they can use the 'by Wyndham' designation. Franchisees should also be aware that Baymont Inn Suites can substitute or modify the marks if necessary, which may require them to discontinue or modify their use of existing marks at their own expense.