Where does my right to use the marks for my Hawthorn Suites By Wyndham facility come from?
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 the 2025 Hawthorn Suites By Wyndham Franchise Disclosure Document, your right to use the brand's marks for your facility is derived solely from the Franchise Agreement. This right is specifically limited to conducting business in compliance with the Franchise Agreement and adhering to all specifications, standards, and operating procedures prescribed by Hawthorn Suites By Wyndham throughout the term of the agreement. Unauthorized use of the marks constitutes an infringement of Hawthorn Suites By Wyndham's rights.
As a franchisee, you are not allowed to 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 specifically approved by Hawthorn Suites By Wyndham. However, 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 secondary designation as set forth in the Franchise Agreement.
You are obligated to cooperate with Hawthorn Suites By Wyndham to protect the marks, including providing necessary documents to maintain their validity and enforceability. You must also promptly notify Hawthorn Suites By Wyndham of any unauthorized use of the marks or any challenges to your right to use them. Hawthorn Suites By Wyndham retains exclusive control over any legal proceedings involving the marks, including settlements, and is not obligated to share any settlement sums or damages awarded with you. Hawthorn Suites By Wyndham will defend and indemnify you against claims that your proper use of the marks infringes on a third party's rights, provided you promptly notify them of any such claims and cooperate in the defense.