What constitutes unauthorized use of the Marks for a Sonesta Select Sonesta Essential franchise?
Sonesta_Select_Sonesta_Essential Franchise · 2025 FDDAnswer from 2025 FDD Document
Opening your Hotel before we authorize you to open will constitute unauthorized use of the Marks and a material breach of the Franchise Agreement.
If you open your Hotel prior to our authorization, you agree to pay to us damages as set forth in Section 14.G(3) of the Franchise Agreement.
Source: Item 22 — CONTRACTS (FDD page 84)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Sonesta Select Sonesta Essential outlines several instances that constitute unauthorized use of its Marks. One significant instance is opening a hotel before receiving written authorization from Sonesta Select Sonesta Essential. Doing so is considered a material breach of the Franchise Agreement and results in damages as specified in Section 14.G(3) of the Franchise Agreement.
Beyond unauthorized opening, Sonesta Select Sonesta Essential prohibits using any Mark in ways not expressly authorized. This includes using the Marks as part of any corporate or legal business name, or with unauthorized prefixes, suffixes, modifying words, terms, designs, or symbols. It also covers using the Marks to sell unauthorized services or products, or as part of any domain name, homepage, electronic address, or in connection with a website not approved by the franchise system. These restrictions extend to any online presence, including usernames, screen names, social media accounts, and any other electronic, virtual, or digital medium.
Furthermore, franchisees cannot use the Marks in connection with any business operated separately from their hotel, including developments adjacent to or associated with the hotel, or in advertising the transfer, sale, or other disposition of the hotel without prior written consent. Franchisees must also adhere to Sonesta Select Sonesta Essential's specifications for displaying the Marks prominently at the hotel and on various materials, and must provide required notices of trademark and service mark registrations. If Sonesta Select Sonesta Essential deems it necessary to modify or discontinue the use of any Mark, franchisees must comply with these directions.
Sonesta Select Sonesta Essential retains control over online presences related to the brand. Franchisees cannot register, own, maintain, or use any online presences relating to the Brand Hotels or Network Hotels, or that includes the Network Marks, without prior approval. The brand generally does not permit franchisees to maintain vanity or other independent online presences for Brand Hotels. Franchisees must establish any online presence that Sonesta Select Sonesta Essential requires and only establish other online presences that the brand authorizes, adhering to Brand Standards and guidelines.