Is a Delta Hotels By Marriott franchisee allowed to register any of the Proprietary Marks?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will not register or apply to register any of the Proprietary Marks or Similar Marks, whether alone or in combination with other trademarks;
Franchisee will notify Franchisor of any required business, trade, fictitious, assumed or similar name registration, and indicate in the registration that Franchisee may use such name only in accordance with this Agreement;
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- if litigation involving the Intellectual Property is instituted or threatened against Franchisee, or a claim of infringement involving the Intellectual Property is made against Franchisee, or Franchisee becomes aware of any infringement of the Intellectual Property, Franchisee will promptly notify Franchisor and will cooperate fully in any action, defense or settlement of such matters.
Franchisee will not make any demand, serve any notice, institute any legal action or negotiate, litigate, compromise or settle any controversy about any such matter without first obtaining Franchisor's prior consent, which may be withheld in Franchisor's sole discretion.
Source: Item 23 — RECEIPTS (FDD pages 134–251)
What This Means (2025 FDD)
According to the 2025 Delta Hotels By Marriott Franchise Disclosure Document, franchisees are explicitly prohibited from registering any of the brand's proprietary marks or similar marks. This restriction extends to registering these marks alone or in combination with other trademarks. This is a standard practice in franchising, as the franchisor needs to maintain exclusive control over its brand identity.
Delta Hotels By Marriott franchisees are, however, required to notify the franchisor of any required business, trade, fictitious, or assumed name registrations. In such registrations, the franchisee must indicate that they are authorized to use the name only in accordance with the franchise agreement. This ensures that while franchisees can operate under a business name, it is clear that their use of the name is tied to their agreement with Delta Hotels By Marriott.
The franchise agreement also outlines the franchisee's responsibilities in protecting Delta Hotels By Marriott's intellectual property. Franchisees must promptly notify the franchisor of any potential infringements, claims, or litigation involving the intellectual property. The franchisee is obligated to fully cooperate with Delta Hotels By Marriott in any action, defense, or settlement related to these matters. Importantly, franchisees cannot independently take legal action or settle any controversy regarding the intellectual property without the franchisor's prior consent.