What does Delta Hotels By Marriott mean by 'trademarks'?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
(which include criteria for approval of third-party distribution channels). If you elect to negotiate your own agreement with an online distribution channel, we will be under no obligation to support your business relationship with that online distribution channel, including by making available the use of our programs and systems such as our designated property management system, CTAC, and our designated reservation system in connection with the use of that channel. We prohibit franchisees from using certain online distribution channels and limit the inventory franchisees may make available to customers through certain online distribution channels.
Our and our affiliates' reservations, sales, and marketing personnel may market not only Delta hotels, but also any other Company Brand Businesses, MVW Licensed Brands lodging products, and any other lodging products that become affiliated with us. They may use our reservation system, national and regional sales offices, purchasing arrangements, marketing and training services, and corporate headquarters personnel, and they may use all types and channels of distribution. Our representatives may recommend to customers lodging products other than Delta hotels based on their needs and desires for location, availability of accommodations, level of services, amenities, and price.
We may establish other systems involving similar services or products, under different trademarks, and may establish company-owned, managed or franchised businesses for those other systems, in the hotel's territory.
TRADEMARKS
We will give you the right under the franchise agreement to develop and operate a hotel under the name "Delta Hotels" or "Delta Hotels by Marriott" subject to compliance with our standards. You may also use other current or future trademarks designated by us for the operation of your hotel. By "trademarks," we mean trade names, trademarks, service marks, logos, and other symbols used to identify your hotel, whether registered or unregistered. We have registered the following principal trademarks on the Principal Register of the United States Patent and Trademark Office:
| MARK | REG. NO. | REG. DATE | |---|---|---| | DELTA HOTELS | 4722193 | 21-Apr-2015 | | DELTA HOTELS & OPEN D DESIGN | 5955787 | 07-Jan-2020 | | DELTA HOTELS MARRIOTT & OPEN D | 5955788 | 07-Jan-2020 | | DESIGN | | | | DELTA HOTELS BY MARRIOTT | 5955797 | 07-Jan-2020 | | Open D (Delta Logo 2016) | 6575139 | 30-Nov-2021 | We have filed all required affidavits.
We also have filed the following applications with the United States Patent and Trademark Office to register the following principal trademarks:
| MARK | APP. NO. | APP. DATE | |---|---|---| | DELTA RESIDENCES BY MARRIOTT | 88853111 | 30-Mar-2020 | | DELTA HOTELS BY MARRIOTT RESIDENCES | 88853112 | 30-Mar-2020 | We do not have a federal registration for some of our principal trademarks. Therefore, those trademarks do not have as many legal benefits and rights as federally registered trademarks. If our right to use a trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
Source: Item 13 — TRADEMARKS (FDD pages 104–106)
What This Means (2025 FDD)
According to Delta Hotels By Marriott's 2025 Franchise Disclosure Document, trademarks encompass a range of identifiers used to represent the hotel. These include trade names, trademarks, service marks, logos, and other symbols, whether they are officially registered or not. Delta Hotels By Marriott grants franchisees the right to operate a hotel under the names "Delta Hotels" or "Delta Hotels by Marriott," provided they adhere to the company's standards and also allows franchisees to use other trademarks designated for the hotel's operation.
Delta Hotels By Marriott emphasizes the importance of using the designated name for the hotel, which they retain the right to change. They may also introduce new trademarks or discontinue existing ones, and franchisees are responsible for any costs associated with modifying or discontinuing the use of these marks. Franchisees are explicitly prohibited from using "Delta Hotels," "Delta Residences," "Delta," or "Marriott," or any confusingly similar names in their corporate, partnership, or trade names, as well as in email addresses, domain names, or other electronic identifiers without authorization. Violation of this can result in a fee of $100 per day for each infraction, and may also lead to limitations on access to Delta Hotels By Marriott's reservation and distribution channels.
Delta Hotels By Marriott also outlines the rights and responsibilities concerning trademark protection. Franchisees must promptly report any infringement or challenges to the use of Delta Hotels By Marriott's trademarks. Delta Hotels By Marriott maintains control over the defense and settlement of any claims involving these trademarks, and franchisees are required to cooperate fully in such matters. The document also specifies that Delta Hotels By Marriott will indemnify franchisees against third-party claims of trademark infringement, provided the franchisee adheres to the franchise agreement terms and promptly notifies Delta Hotels By Marriott of any claims. However, this indemnification does not apply if the franchisee is in default of the agreement or if the claim arises from unauthorized use of the trademark.
The FDD lists several registered trademarks, including "DELTA HOTELS" (Reg. No. 4722193, registered on April 21, 2015), "DELTA HOTELS & OPEN D DESIGN" (Reg. No. 5955787, registered on January 7, 2020), "DELTA HOTELS MARRIOTT & OPEN D DESIGN" (Reg. No. 5955788, registered on January 7, 2020), "DELTA HOTELS BY MARRIOTT" (Reg. No. 5955797, registered on January 7, 2020) and "Open D (Delta Logo 2016)" (Reg. No. 6575139, registered November 30, 2021). Additionally, Delta Hotels By Marriott has pending applications for trademarks like "DELTA RESIDENCES BY MARRIOTT" and "DELTA HOTELS BY MARRIOTT RESIDENCES."