Who owns all rights in the Marks and associated goodwill for Baymont Inn Suites?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
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, Baymont Inns Inc. and its affiliates own all rights in the Marks and associated goodwill. However, the "Baymont by Wyndham" and "Baymont Inn & Suites by Wyndham" Marks are jointly owned by Baymont and Wyndham Hotels and Resorts, LLC.
This means that as a franchisee, you derive your right to use the Baymont Inn Suites marks solely from the Franchise Agreement. Your usage must comply with the agreement and all prescribed specifications, standards, and operating procedures. Unauthorized use of the marks constitutes an infringement of Baymont Inn Suites's rights.
Furthermore, franchisees cannot use the marks in any corporate or business name, social media profile, or internet address without approval from Baymont Inn Suites. Franchisees must also cooperate with Baymont Inn Suites to protect the marks and their validity. This includes notifying Baymont Inn Suites of any unauthorized use of the marks or challenges to their ownership. Baymont Inn Suites has the right to control any legal proceedings involving the marks and retain any settlement sums or damages awarded.