factual

Under what conditions can Even Hotels Customer withhold or delay approval of trademark use?

Even_Hotels Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. TRADEMARKS. 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 the 2025 Even Hotels Franchise Disclosure Document, both Even Hotels and the Customer (defined as the Franchisee or management company operating the Hotel) must obtain prior written consent before using each other's trademarks or logos. The Customer must also obtain consent from the Bottler before using their trademarks or logos. All trademark use benefits the trademark owner. Trademarks include those owned, licensed, or controlled by entities with a 50% or more ownership interest by either party.

Even Hotels agrees that its approval for the Customer to use its trademarks will not be withheld or delayed unless specific conditions are met. These conditions include if Even Hotels determines that a Customer Mark has been used incorrectly for technical reasons, such as a lack of trademark conformity.

Additionally, Even Hotels can withhold or delay approval if it reasonably determines that the proposed activity or use of the trademark would reflect negatively on Even Hotels or the Participating System Hotels. This provision gives Even Hotels broad discretion to protect its brand image and reputation.

For a prospective Even Hotels franchisee, this means that while they are granted certain rights to use the Even Hotels trademarks, their use is subject to approval and can be restricted if Even Hotels perceives a risk of trademark misuse or negative impact on the brand. It is important for franchisees to understand these conditions and ensure their marketing and promotional activities align with Even Hotels' brand standards to avoid potential conflicts.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.