Can a Delta Hotels By Marriott franchisee register any of the Proprietary Marks or Similar Marks?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
ly in the form and manner as provided in the Standards or approved by Franchisor. Franchisee will offer or sell only those goods and services under the Proprietary Marks that are of a nature and quality that comply with the Standards. Any use of the System not authorized by Franchisor will constitute an infringement of Franchisor's rights and a default under Section 19.2 of this Agreement;
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- Franchisee will use the Proprietary Marks only in substantially the same places, combination, arrangement and manner as provided in the Standards or approved by Franchisor, including with respect to the name of the Hotel, which will be as designated or approved by Franchisor (it being understood that Franchisor may change any geographic designation in the name of the Hotel at any time, so long as the Hotel name includes the Proprietary Marks);
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- Franchisee will identify itself as a franchisee or licensee of Franchisor and the owner or operator of the Hotel only in the form and manner as provided in the Standards. Franchisee will not use any Proprietary Marks in any manner that could imply that Franchisee has an Ownership Interest in the Proprietary Marks;
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- Franchisee has no right to, and will not, Transfer, sublicense or allow any Person to use any part of the System, unless permitted in this Agreement;
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- Franchisee will not use any part of the System to incur any obligation or indebtedness on behalf of Franchisor or any of its Affiliates;
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- Franchisee will not use any of the Proprietary Marks or any names or marks that consist of, contain or are similar to or an abbreviation of any Proprietary Marks, in Franchisor's sole opinion ("Similar Marks"), as part of Franchisee's corporate or legal name, in connection with any business activity except the Hotel, or as a road name or address, whether alone or in combination with Other Marks;
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- Franchisee will not register or apply to register any of the Proprietary Marks or Similar Marks, whether alone or in combination with other trademarks;
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- 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.
Source: Item 23 — RECEIPTS (FDD pages 134–251)
What This Means (2025 FDD)
According to the 2025 Delta Hotels By Marriott Franchise Disclosure Document, a franchisee is 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 and trademarks to ensure consistency and protect its brand reputation.
Delta Hotels By Marriott requires franchisees to notify the franchisor of any required business, trade, fictitious, assumed, or similar name registration. In this notification, the franchisee must indicate that they can only use such names in accordance with the franchise agreement. This ensures that the franchisor is aware of all names being used in association with the hotel and that these names do not infringe on the franchisor's intellectual property rights.
Delta Hotels By Marriott also requires franchisees to refrain from using any internet domain name, address, mobile application, or other designation that contains any proprietary mark or any mark that is, in the franchisor's sole opinion, confusingly similar. At the franchisor's request, the franchisee must promptly cancel or transfer to the franchisor any such domain name, address, or other designation under the franchisee's control. This provision is crucial for maintaining the brand's online presence and preventing customer confusion.