Am I allowed to use the Hawthorn Suites By Wyndham marks in my tradename?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
Your right to use the Marks and any other symbols, logos, insignia, trademarks or service marks developed for or with your Hawthorn Facility is derived solely from the Franchise Agreement and is limited to the conduct of business under and in compliance with the Franchise Agreement and all applicable specifications, standards and operating procedures we prescribe during the term of the Franchise Agreement. Any unauthorized use of the Marks by you will constitute an infringement of our rights in and to the Marks. You may not use the Marks in your corporate name, partnership name, tradename, name of any business entity, legal name, social media profile or handle name, or in any Internet address or domain used to identify a site on the Internet unless otherwise approved by us, but you may use a Mark in an assumed business or trade name filing, provided such filing is the full name of the property, including any
Source: Item 13 — TRADEMARKS (FDD pages 73–76)
What This Means (2025 FDD)
According to Hawthorn Suites By Wyndham's 2025 Franchise Disclosure Document, your right to use their marks is derived from the Franchise Agreement and is limited to conducting business in compliance with the agreement. You cannot use the Hawthorn Suites By Wyndham marks in your corporate name, partnership name, tradename, the name of any business entity, legal name, social media profile or handle name, or in any Internet address or domain used to identify a site on the Internet unless otherwise approved by Hawthorn Suites By Wyndham. However, you can use a Mark in an assumed business or trade name filing, provided such filing is the full name of the property, including any secondary designation as set forth in the Franchise Agreement.
This restriction means that while you operate a Hawthorn Suites By Wyndham franchise, you cannot legally incorporate the brand's name into the formal legal name of your business or its online presence without explicit approval. This is a common practice in franchising to protect the brand's identity and ensure consistent representation across all franchise locations.
However, Hawthorn Suites By Wyndham does allow for some flexibility. You can use the brand's mark in an assumed business or trade name filing, as long as the filing reflects the full name of the property, including any secondary designation. This allows you to operate under a name that clearly identifies the business as a Hawthorn Suites By Wyndham franchise while adhering to the franchisor's branding guidelines. Prospective franchisees should seek clarification from Hawthorn Suites By Wyndham regarding specific scenarios and the process for obtaining approval for any desired use of the marks in business names or online identities.