Where does a Caption By Hyatt franchisee agree to display the Proprietary Marks?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may not use any Proprietary Mark in advertising the transfer, sale, or other disposition of the Hotel or an ownership interest in Franchisee or any of its Owners without Hyatt's prior written consent, which Hyatt will not unreasonably withhold. Franchisee agrees to display the Proprietary Marks as Hyatt periodically prescribes at the Hotel and on advertising and other materials Hyatt periodically designates. Franchisee agrees to give the notices of trade and service mark registrations that Hyatt periodically specifies and to obtain any fictitious or assumed name registrations required under applicable law.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Caption By Hyatt's 2025 Franchise Disclosure Document, the franchisee agrees to display the Proprietary Marks at the hotel. Additionally, the franchisee must display these marks on advertising and other materials as designated by Hyatt periodically. This requirement ensures consistent brand representation across all Caption By Hyatt locations and marketing efforts.
This obligation means that a prospective Caption By Hyatt franchisee must adhere to Hyatt's standards for displaying trademarks, which can include signage, printed materials, and digital advertisements. The franchisee must also follow any instructions from Hyatt regarding trade and service mark registrations and obtain any necessary fictitious or assumed name registrations as required by law.
Furthermore, the franchisee is required to notify Hyatt immediately of any potential infringement or challenges to the use of the Proprietary Marks. They must also refrain from communicating with any party other than Hyatt, its affiliates, and their respective attorneys regarding such matters. This provision allows Hyatt to maintain control over the protection and defense of its trademarks.
Caption By Hyatt retains the right to modify, discontinue, or replace any Proprietary Mark, and the franchisee must comply with these changes within a reasonable time after receiving notice. However, the franchisee is responsible for any costs associated with these changes, including expenses for updating signage or promoting a modified trademark. This allocation of responsibility is a standard practice in franchising, where the franchisor manages the brand and the franchisee bears the costs of implementing brand changes at their location.