Does the Even Hotels agreement specify who owns the trademarks used in promotions?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensee acknowledges and agrees: (a) not to contest, either directly or indirectly, IHG's and its Affiliates' unrestricted and exclusive ownership of and right to use the Brand System and any element(s) or component(s) thereof; (b) that IHG or any of its Affiliates has the sole and exclusive right to grant licenses to use all or any element(s) or component(s) of the Brand System; and (c) that it will not take any action in derogation of such ownership and rights of IHG and any of its Affiliates. Licensee specifically agrees and acknowledges that IHG owns or is licensed to use the name and mark "EVEN® Hotels" and all other Marks, as defined in paragraph 6.B. below, and other elements associated with the Brand System or derived therefrom (including but not limited to domain names or other identifications or elements used in electronic commerce), together with the goodwill symbolized thereby, and that Licensee will not contest, directly or indirectly, the validity or ownership of the Marks or take any other action in derogation of such validity or ownership either during the term of this License or after its termination. All improvements, modifications and additions whenever made to or associated with the Brand System by the parties hereto or anyone else, and all service marks, trademarks, copyrights, and service mark, trademark, domain name or similar registrations at any time used, applied for or granted in connection with the Brand System, and all goodwill arising from Licensee's use of IHG's Marks and other intellectual property, including (without limitation) local goodwill, shall inure to the benefit of and become the property of IHG. Upon expiration or termination of this License, no monetary amount shall be assigned as attributable to any goodwill associated with Licensee's use of the Brand System or any element(s) or component(s) of the Brand System including any trademarks or service marks licensed hereunder.
B. Trademark Disputes.
The "Marks" means the name and mark "EVEN® Hotels", IHG One Rewards and IHG Concerto and their distinguishing characteristics and the other service marks, trademarks, trade names, slogans, commercial symbols, logos, trade dress, copyrighted material and intellectual property associated with the Brand System, including, without limitation, those which IHG may designate in the future for use and those which IHG does not designate as withdrawn from use. Licensee shall notify IHG immediately of (i) an infringement, or a challenge to Licensee's use of any of the Marks; (ii) any objections, demands, controversies, allegations or actions asserted or taken by third parties involving any of the Marks or any part of the Brand System of which Licensee becomes aware; and, (iii) any potentially infringing or unauthorized uses of any of the Marks or any part of the Brand System of which Licensee becomes aware. IHG or its Affiliates will have the sole and exclusive right to handle disputes with third parties concerning use of all or any part of the Marks or Brand System, and Licensee will, at its reasonable expense, extend its full cooperation to IHG in all such matters. All recoveries made as a result of disputes with third parties regarding use of the Marks or Brand System or any part thereof shall be for the account of IHG. IHG need not initiate suit against alleged imitators or infringers, and may settle any dispute by grant of a license or otherwise. Licensee will not initiate any suit or proceeding against alleged imitators or infringers, or any other suit or proceeding to enforce or protect the Marks or Brand System.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, IHG (InterContinental Hotels Group) and its affiliates maintain unrestricted and exclusive ownership of the Brand System, including the EVEN Hotels name and marks. The agreement specifies that IHG owns or is licensed to use the name and mark "EVEN® Hotels" and all other Marks, as defined in paragraph 6.B., and other elements associated with the Brand System.
This means that as a franchisee, you acknowledge IHG's ownership and cannot contest their right to use the Brand System. All improvements, modifications, and additions to the Brand System, including trademarks and goodwill, automatically become the property of IHG. Upon termination of the franchise agreement, no monetary value will be assigned to any goodwill associated with the franchisee's use of the Even Hotels brand or its trademarks.
The franchisee is also required to notify IHG immediately of any infringements or challenges to the use of the Marks. IHG has the sole right to handle disputes concerning the use of the Marks or Brand System. The franchisee must cooperate fully with IHG in such matters and cannot initiate any legal actions to protect the Marks or Brand System independently. This ensures that IHG maintains control over its brand and intellectual property, protecting its uniformity and reputation across all franchise locations.
These stipulations are typical in franchise agreements to ensure brand consistency and protect the franchisor's intellectual property. Prospective franchisees should understand that they are licensing the use of the brand and its associated trademarks but do not gain ownership rights.