Where in the Embassy Suites agreement can I find information about the use of trade names and marks?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
9.2 Trade Name, Use of the Marks.
9.2.1 Trade Name.
9.2.1.1 The Hotel will be initially known by the Trade Name set forth in the Addendum. We may change the Trade Name, the Brand name and/or any of the Marks (but not the Principal Mark), or the way in which any of them (including the Principal Mark) are depicted, at any time at our sole option and at your expense. You may not change the Trade Name without our specific prior written consent.
9.2.1.2 You acknowledge and agree that you are not acquiring the right to use any business names, copyrights, designs, distinguishing characteristics, domain names, emblems, insignia, logos, slogans, service marks, symbols, trademarks, trade dress, trade names or any other marks or characteristics owned by us or licensed to us that we do not specifically designate to be used in the System.
- 9.3 Use of Trade Name and Marks. You will operate under the Marks, using the Trade Name, at the Hotel. You will not adopt any other names or marks in operating the Hotel without our approval. You will not, without our prior written consent, use any of the Marks, or the word "Hilton," or other Network trademarks, trade names or service marks, or any similar words or acronyms, in:
- 9.3.1 your corporate, partnership, business or trade name;
- 9.3.2 any Internet-related name (including a domain name);
- 9.3.3 or any business operated separately from the Hotel, including the name or identity of developments adjacent to or associated with the Hotel.
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to Embassy Suites' 2025 Franchise Disclosure Document, details regarding the use of trade names and marks are primarily found in Section 9.2, titled "Trade Name, Use of the Marks," and Section 9.3, titled "Use of Trade Name and Marks," within Item 22, which covers the franchise agreements.
Specifically, Section 9.2.1.1 states that the hotel will initially operate under the trade name specified in the addendum, but Embassy Suites retains the right to change the trade name, brand name, or any marks (excluding the Principal Mark) at its discretion and at the franchisee's expense. The franchisee cannot alter the trade name without prior written consent from Embassy Suites. Section 9.2.1.2 clarifies that the franchisee does not acquire rights to use any business names, copyrights, designs, domain names, logos, service marks, trademarks, or trade names owned or licensed by Embassy Suites, unless specifically designated for use within the System.
Section 9.3 outlines that the franchisee must operate under the Marks, using the Trade Name, at the Hotel and cannot adopt other names or marks without approval. Furthermore, franchisees are prohibited from using the Marks, the word "Hilton," or other Network trademarks in their corporate name, Internet-related names (including domain names), or any business operated separately from the Hotel without prior written consent. These provisions ensure that Embassy Suites maintains control over its brand identity and prevents franchisees from misusing or diluting the brand's value.
These sections of the franchise agreement are important for prospective franchisees to understand, as they define the scope of permitted trade name and mark usage, as well as the limitations and obligations associated with using the Embassy Suites brand. Franchisees must adhere to these guidelines to avoid potential breaches of the agreement and to maintain the integrity of the Embassy Suites brand.