What limitations are placed on a Sonesta Simply Suites franchisee's use of the brand's trademarks?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- Limitations on Your Use of Marks.
You agree to use the Marks associated with Brand Hotels as the sole identification of your Hotel, except that you agree to identify yourself as its independent owner in the manner we prescribe.
You (or your owners) may not use any Mark (1) as part of any corporate or legal business name. (2) with any prefix, suffix, or other modifying words, terms, designs, or symbols (other than logos we have licensed to you), (3) in selling any unauthorized services or products, (4) as part of any domain name, homepage, electronic address, or otherwise in connection with a Website (unless in connection with our approved Franchise System Website), (5) in any user name, screen name, domain name, homepage, electronic address, social media account, other online presence or presence on any electronic, virtual, or digital medium of any kind ("Online Presence"), (6) any business operated separate from your Hotel, including the name or identity of developments adjacent to or associated with your Hotel, or (7) in any other manner that we have not expressly authorized in writing.
You may not use any Mark in advertising the transfer, sale, or other disposition of your Hotel or an ownership interest in you without our prior written consent.
You agree to display the Marks associated with Brand Hotels prominently as we prescribe at your Hotel and on forms, advertising, supplies, products, stationery, and other materials we designate.
You agree to give the notices of trademark and service mark registrations that we specify and to obtain any fictitious or assumed name registrations required under applicable law.
- C. Discontinuance of Use of Marks. If it becomes advisable, in our opinion, at any time for us to require you to modify or discontinue using any Mark or to use one or more additional or substitute trademarks or service marks, you agree to comply with our directions within a reasonable time after receiving notice.
We need not reimburse you for your expenses of changing the exterior and interior signs, stationery, packaging, operating equipment and supplies, employee uniforms, brochures and other promotional material, or any other items used at or in connection with your Hotel, for any loss of revenue due to any modified or discontinued Mark, or for your expenses of promoting a modified or substitute trademark or service mark.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to the 2025 Sonesta Simply Suites Franchise Disclosure Document, a franchisee's use of the brand's trademarks is subject to several limitations. The franchisee must use the marks associated with Brand Hotels as the sole identification of their Hotel, while also identifying themselves as the independent owner in a prescribed manner. This means franchisees cannot create the impression that the hotel is directly owned or operated by Sonesta Simply Suites, but rather is an independently owned franchise.
Specifically, a franchisee cannot use any Sonesta Simply Suites mark as part of any corporate or legal business name, or with any unauthorized modifications like prefixes, suffixes, or other designs. They are also prohibited from using the marks in selling unauthorized services or products, as part of any domain name (unless it's the approved Franchise System Website), or in any online presence without express written authorization. This includes social media accounts and other digital mediums. The marks cannot be used for any business operated separately from the Hotel, including adjacent developments, or in any way not explicitly authorized in writing by Sonesta Simply Suites.
Furthermore, a franchisee needs written consent to use the marks when advertising the transfer, sale, or disposition of their Hotel or ownership interest. The franchisee must prominently display the marks at the Hotel and on various materials as prescribed by Sonesta Simply Suites, and must also provide notices of trademark and service mark registrations as specified by the franchisor. If Sonesta Simply Suites deems it necessary to modify or discontinue the use of any mark, the franchisee must comply with these directions within a reasonable time frame. However, Sonesta Simply Suites is not responsible for reimbursing the franchisee for any expenses incurred due to these changes, including costs related to signage, stationery, or promotional materials, nor for any loss of revenue resulting from the modified or discontinued mark.
These restrictions ensure that Sonesta Simply Suites maintains control over its brand identity and reputation, while also allowing franchisees to benefit from the established brand recognition. Franchisees should be aware of these limitations and adhere to them to avoid breaching the franchise agreement and potentially infringing on Sonesta Simply Suites' trademark rights.