What are the 'Premier Marks' that a Bw Premier Collection franchisee may use in operating the System Hotel?
Bw_Premier_Collection Franchise · 2025 FDDAnswer from 2025 FDD Document
MARKS
You may use the Premier Marks or the Signature Marks (as applicable) in operating the System Hotel. The current principal Premier Marks we have registered on the Principal Register of the United States Patent and Trademark Office ("USPTO") are:
| TRADEMARK | REGISTRATION NUMBER | REGISTRATION DATE | |---|---|---| | BW Premier Collection® | Reg. 4814572 | Reg. 09/15/15 | | | Reg. 4872031 | Reg. 12/15/15 | The current principal Signature Marks we have registered on the Principal Register of the United States Patent and Trademark Office ("USPTO") are:
| TRADEMARK | REGISTRATION NUMBER | REGISTRATION DATE | |---|---|---| | BW Signature Collection® | Reg. 5398189 | Reg. 02/06/18 | | BW Signature Collection by Best | Reg. 5590274 | Reg. 10/23/18 | | Western® | | | | | Reg. 5499440 | Reg. 06/19/18 | There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, and no pending infringement, opposition, or cancellation proceedings or material litigation, involving the principal Licensed Marks. We do not actually know of either superior prior rights or infringing uses that could materially affect your use of the Licensed Marks in any state. There are no currently effective agreements that significantly limit our rights to use or license the use of the principal Licensed Marks in a manner material to the franchise. No affidavits or renewal filings are yet due in connection with these registrations or applications.
The Distribution Agreement does not obligate us to protect your right to use the Licensed Marks, or to protect you against claims of infringement or unfair competition arising out of your use of the Licensed Marks. The Distribution Agreement does not obligate you to notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to a Licensed Mark. If you do provide us with notice of these uses or claims, the Distribution Agreement does not require us to take affirmative action. The Distribution Agreement does not give us or you the right to control any administrative proceedings or litigation involving the Licensed Marks.
Source: Item 13 — Trademarks (FDD pages 38–39)
What This Means (2025 FDD)
According to the 2025 Bw Premier Collection Franchise Disclosure Document, franchisees may use the Premier Marks in operating their System Hotel. The specific Premier Marks that Bw Premier Collection has registered with the United States Patent and Trademark Office are 'BW Premier Collection' with registration number 4814572, registered on September 15, 2015, and registration number 4872031, registered on December 15, 2015.
It is important to note that while Bw Premier Collection allows franchisees to use these marks, the Distribution Agreement does not obligate them to protect the franchisee's right to use the Licensed Marks or to defend against infringement claims. The agreement also does not require franchisees to notify Bw Premier Collection of similar trademark uses, nor does it give Bw Premier Collection the right to control administrative proceedings or litigation involving the Licensed Marks.
Furthermore, Bw Premier Collection is not obligated to participate in a franchisee's defense or indemnify them for expenses or damages in case of legal proceedings involving a Licensed Mark. The franchisee also has no rights under the Distribution Agreement if Bw Premier Collection requires them to modify or discontinue using a Licensed Mark. This means that while franchisees are granted the right to use the Premier Marks, they bear significant responsibility and risk in protecting their use of these marks.