Is there a federal registration for the '@Home by Best Western' trademark?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
l Best Western Identifying Marks in a manner material to the Membership. No affidavits or renewal filings are yet due in connection with these registrations or applications. If your hotel will operate under the "@Home by Best Western" name, then we do not have a federal registration for the principal trademark. Therefore, the "@Home by Best Western" trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use the "@Home by Best Western" trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
Source: Item 13 — Trademarks (FDD pages 84–86)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, the '@Home by Best Western' trademark does not currently have a federal registration. However, there is an application for the trademark, application number 97761960, which was submitted on November 3, 2022. Because the trademark is not federally registered, it may not have as many legal benefits and rights as a federally registered trademark.
This lack of federal registration could pose risks for franchisees. Best Western states that if their right to use the '@Home by Best Western' trademark is challenged, franchisees may have to change to an alternative trademark, potentially increasing expenses. This means that if another entity claims rights to a similar name or logo, a Best Western franchisee operating under the '@Home by Best Western' brand might be forced to rebrand their location at their own cost.
Best Western retains control over any legal actions related to trademark issues. Franchisees are required to notify Best Western immediately of any potential infringement or challenges to the use of Best Western's identifying marks. Best Western will then decide on the appropriate action, and the franchisee must assist in any litigation or proceedings. While Best Western will reimburse franchisees for expenses incurred at their written request related to a trademark dispute, other cooperation expenses are not covered. This highlights the importance of franchisees understanding their obligations and potential financial risks related to trademark protection.