What is required to use the trademarks or logos of the other party in the Even Hotels agreement?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither Customer nor Company will make use of the other's trademarks or logos (either alone or in conjunction with their or another party's trademarks or logos) without the prior written consent of that party, and Customer will not make use of any of the Bottler's trademarks or logos (either alone or in conjunction with their or another party's trademarks or logos) without the prior written consent of the Bottler, and all use of the other party's trademarks will inure to the benefit of trademark owner. For purposes of this Agreement, Company's and Customer's trademarks include trademarks owned, licensed to or controlled by an entity in which Company or Customer, respectively, has a 50% or more ownership interest. Each Party agrees that its approval will not be withheld or delayed unless (i) Customer determines that a Customer Mark has been used incorrectly for technical reasons (i.e., lack of trademark conformity) or (ii) Customer reasonably determines that the proposed activity or use would reflect negatively on Customer or the Participating System Hotels.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, both Even Hotels and the Customer (likely referring to a supplier or partner in this context) must obtain prior written consent before using each other's trademarks or logos. This applies whether the trademarks or logos are used alone or in conjunction with other trademarks or logos. Additionally, the Customer must obtain prior written consent from the Bottler before using any of the Bottler's trademarks or logos. All use of the other party's trademarks will benefit the trademark owner. For the purposes of the agreement, trademarks owned, licensed to, or controlled by an entity in which Even Hotels or the Customer has a 50% or more ownership interest are included in their respective trademarks.
Approval for the use of trademarks will not be withheld or delayed unless specific conditions are met. These conditions include situations where the Customer determines that a Customer Mark has been used incorrectly for technical reasons, such as a lack of trademark conformity. Additionally, approval can be withheld if the Customer reasonably determines that the proposed activity or use would reflect negatively on the Customer or the Participating System Hotels.
This requirement ensures that the brand integrity of Even Hotels and its partners is maintained. It protects against misuse or misrepresentation of the brand and its associated trademarks. For a prospective franchisee, this means they must be diligent in seeking and obtaining the necessary approvals before using any trademarks or logos that belong to Even Hotels or its partners in their marketing or promotional materials.