What are the registered trademarks that a Surestay Hotel By Best Western franchisee is allowed to use?
Surestay_Hotel_By_Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
| TRADEMARK | REGISTRATION OR APPLICATION NUMBER | REGISTRATION OR APPLICATION DATE | |---|---|---| | SureStay Studio | 6456388 (Reg.) | August 17, 2021 (Reg.) | | SureStay Studio by Best Western | 6420997 (Reg.) | July 13, 2021 (Reg.) | | | 5242695 (Reg.) | July 11, 2017 (Reg.) | | | 5188279 (Reg.) | April 18, 2017 (Reg.) | | | 5188514 (Reg.) | April 18, 2017 (Reg.) | | | 5188515 (Reg.) | April 18, 2017 (Reg.) | | | 6420996 (Reg.) | July 13, 2021 (Reg.) | Best Western International has licensed us to use, and to grant franchisees the right to use, the Marks and the System in a master license agreement dated as of August 29, 2016. The master license agreement provides for a term equal to the entire term of the Marks' registration and protection including any renewals or extensions thereof, unless earlier terminated in accordance with its provisions.
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, and no pending infringement, opposition, or cancellation proceedings or material litigation, involving the principal Marks. We do not actually know of either superior prior rights or infringing uses that could materially affect your use of the Marks in any state. Other than the master license agreement we have entered into with Best Western International, described above, there are no currently effective agreements that significantly limit our rights to use or license the use of the principal Marks in a manner material to the franchise. No affidavits or renewal filings are yet due in connection with these registrations or applications.
You must notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any person's claim of any rights in any Mark, and you may not communicate with any person other than us, our attorneys, and your attorneys, regarding any infringement, challenge, or claim. We may take the action we deem appropriate (including no action) and control exclusively any litigation, USPTO proceeding, or other administrative proceeding arising from any infringement, challenge, or claim. You must assist us in protecting and maintaining our interests in any litigation or USPTO proceeding or other administrative proceeding. We will reimburse you for expenses incurred
by you as the direct result of activities undertaken by you at our prior written request and specifically relating to the trademark dispute at issue. We will not reimburse you for any other expenses incurred by you for cooperating with us or our affiliates.
Source: Item 13 — Trademarks (FDD pages 61–63)
What This Means (2025 FDD)
According to Surestay Hotel By Best Western's 2025 Franchise Disclosure Document, franchisees are authorized to use specific trademarks registered with the United States Patent and Trademark Office (USPTO). These trademarks include "SureStay Studio" registered on August 17, 2021, under registration number 6456388, and "SureStay Studio by Best Western" registered on July 13, 2021, under registration number 6420997. Additional registered trademarks include those with registration numbers 5242695 (July 11, 2017), 5188279, 5188514, and 5188515 (all April 18, 2017), and 6420996 (July 13, 2021). Furthermore, the trademarks "SureStay" and "SureStay Plus" are registered under numbers 7522007 and 7522002, respectively, both registered on October 1, 2024.
Surestay Hotel By Best Western retains the right to modify these trademarks at any time, including their depictions, and the franchisee will bear the expense of such changes. Franchisees must immediately notify Surestay Hotel By Best Western of any potential infringement or challenges to the use of any trademark. The franchisee is not allowed to communicate with anyone other than Surestay Hotel By Best Western's attorneys, or their own attorneys, regarding any infringement, challenge, or claim. Surestay Hotel By Best Western maintains exclusive control over any litigation or administrative proceedings arising from such issues, and franchisees are required to assist in protecting the trademarks.
Surestay Hotel By Best Western licenses the use of these trademarks to franchisees through a master license agreement with Best Western International, effective as of August 29, 2016. This agreement remains in effect for the duration of the trademark registrations and any renewals or extensions, unless terminated earlier. The FDD states that there are no known superior prior rights or infringing uses that could materially affect a franchisee's use of the trademarks. Franchisees will be reimbursed for expenses incurred at Surestay Hotel By Best Western's prior written request related to trademark disputes, but not for other cooperation expenses.