Does Embassy Suites know of any trademark infringements that could materially affect a franchisee's use of the Embassy Suites marks?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no agreements currently in effect which significantly limit our rights to use or license the use of these Marks in any material manner. There are no infringements actually known to us that could materially affect your use of the Marks. There are no effective determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board or the trademark administrator of any state or any court in the United States involving our Marks. There is no pending material litigation or pending infringement, opposition or cancellation proceedings in the United States that could materially affect the use of our Principal Mark. All required affidavits and renewals have been filed.
Source: Item 13 — TRADEMARKS (FDD pages 70–72)
What This Means (2025 FDD)
According to Embassy Suites's 2025 Franchise Disclosure Document, Embassy Suites states that they do not know of any trademark infringements that could materially affect a franchisee's use of the marks. They also state that there are no agreements that significantly limit their rights to use or license the use of these Marks in any material manner. Additionally, there are no effective determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board or the trademark administrator of any state or any court in the United States involving their Marks. Finally, there is no pending material litigation or pending infringement, opposition or cancellation proceedings in the United States that could materially affect the use of their Principal Mark, and all required affidavits and renewals have been filed.
This statement provides some assurance to potential Embassy Suites franchisees that the franchisor is not aware of any current legal challenges or infringements that could disrupt their ability to use the Embassy Suites trademarks. This is important because a franchisee's business relies heavily on the brand recognition and goodwill associated with the trademarks.
However, it is important to note that this statement is limited to what Embassy Suites "actually" knows. It does not guarantee that infringements do not exist, only that the franchisor is not currently aware of them. As a standard practice, Embassy Suites has the sole right and responsibility to handle disputes with third parties concerning the use of the Marks or the System. The franchisee must immediately notify Embassy Suites of any infringement of or challenge to their use of any of the Marks and fully cooperate with them in these matters.
Prospective franchisees should consider this information as part of their due diligence and may want to consult with an attorney to fully understand the potential risks associated with trademark use. While Embassy Suites asserts that no known issues exist, the possibility of future disputes or challenges always remains.