Is my right to use the marks for my Hawthorn Suites By Wyndham facility limited?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
We will grant you the right to operate your Facility under the Marks (defined below) "Hawthorn," "Hawthorn Suites," "Hawthorn Suites by Wyndham," "Hawthorn Extended Stay" or "Hawthorn Extended Stay by Wyndham," or any new ones which are included in the System. We may ask or permit you to utilize a secondary designation with the licensed Mark for the Facility.
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, a franchisee's right to use the brand's marks is indeed limited. The right to use the marks such as "Hawthorn," "Hawthorn Suites," "Hawthorn Suites by Wyndham," "Hawthorn Extended Stay" or "Hawthorn Extended Stay by Wyndham" is granted by Hawthorn Suites By Wyndham, and any new marks included in the System. This right is derived solely from the Franchise Agreement, meaning it is contingent upon compliance with the agreement and all specifications, standards, and operating procedures prescribed by Hawthorn Suites By Wyndham during the term of the agreement.
The Franchise Agreement dictates the specific ways in which a franchisee can use the marks. A franchisee cannot use the marks in their 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 Hawthorn Suites By Wyndham. However, a franchisee 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.
Hawthorn Suites By Wyndham retains significant control over the marks, including the right to modify or substitute them if the current marks can no longer be used or if the company determines that a change would benefit the System. The franchisee is responsible for cooperating with Hawthorn Suites By Wyndham to protect the marks and must notify the company of any unauthorized use or challenges to the marks. Ultimately, Hawthorn Suites By Wyndham has the right to control any legal proceedings involving the marks, and the franchisee must cooperate in resolving disputes. This framework ensures that Hawthorn Suites By Wyndham maintains brand consistency and protects its intellectual property, while also defining the scope of the franchisee's authorized use.