Upon termination or expiration of the Embassy Suites franchise agreement, what must the franchisee do regarding assumed name registrations related to the use of any Mark?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 13.6.6 cancel all assumed name or equivalent registrations relating to your use of any Mark, notify the telephone company and all listing agencies and directory publishers including Internet domain name granting authorities, Internet service providers, global distribution systems, and web search engines of the termination or expiration of your right to use the Marks, the Trade Name, and any telephone number, any classified or other telephone directory listings, Internet domain names, uniform resource locators, website names, electronic mail addresses and search engine metatags and keywords associated with the Hotel, and authorize their transfer to us; and
- 13.6.7 irrevocably assign and transfer to us (or to our designee) all of your right, title and interest in any domain name listings and registrations that contain any reference to our Marks, System, Network or Brand; notify the applicable domain name registrars of the termination of your right to use any domain name or Sites associated with the Marks or the Brand; and authorize and instruct the cancellation of the domain name, or transfer of the domain name to us (or our designee), as we specify. You will also delete all references to our Marks, System, Network or Brand from any Sites you own, maintain or operate beyond the expiration or termination of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee is required to cancel all assumed name or equivalent registrations related to the use of any Mark. Additionally, the franchisee must notify the telephone company, all listing agencies, and directory publishers, including Internet domain name granting authorities, Internet service providers, global distribution systems, and web search engines, about the termination or expiration of their right to use the Marks and Trade Name. This notification also extends to any telephone number, classified or other telephone directory listings, Internet domain names, uniform resource locators, website names, electronic mail addresses, and search engine metatags and keywords associated with the hotel. The franchisee must also authorize the transfer of these items to Embassy Suites.
Furthermore, the franchisee is obligated to irrevocably assign and transfer to Embassy Suites (or its designee) all rights, titles, and interests in any domain name listings and registrations that contain any reference to Embassy Suites' Marks, System, Network, or Brand. The franchisee must notify the applicable domain name registrars about the termination of their right to use any domain name or Sites associated with the Marks or the Brand. They must also authorize and instruct the cancellation of the domain name or its transfer to Embassy Suites (or its designee), as specified by Embassy Suites. The franchisee is also responsible for deleting all references to Embassy Suites' Marks, System, Network, or Brand from any Sites they own, maintain, or operate beyond the expiration or termination of the agreement.
These requirements ensure that Embassy Suites maintains control over its brand identity and online presence after a franchise agreement ends. By canceling registrations and transferring domain names and listings, the franchisee prevents any potential confusion or misuse of the Embassy Suites brand by the former franchisee. This is a standard practice in franchising to protect the integrity and value of the brand. A prospective franchisee should understand these obligations and be prepared to comply with them upon termination or expiration of their franchise agreement.