What is the Christian Brothers Automotive franchisee's right to use the Marks dependent on?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
1.02 Grant of License to Use Marks. Franchisor grants to Franchisee, and Franchisee accepts, a nonexclusive license to use and display the Marks in connection with the operation of the Franchised Business, and the Services (as defined below) in and only in the Territory described below pursuant to the terms of this Agreement. "Services" shall mean the services authorized by Franchisor to be offered or provided by Franchisee in connection with the Franchised Business, including the sale of products authorized by Franchisor.
5.09 Use of Marks. Franchisee will use the Marks only in the manner directed from time to time by Franchisor. Franchisee is prohibited from using any Mark, or any part thereof, with any prefix, suffix, or other modifying words, terms, designs or symbols except as permitted in writing by Franchisor. Franchisee may not use any Mark in connection with the sale of any product or service not authorized in writing by Franchisor. Franchisee will use the Marks only for the operation of the Franchised Business. Any unauthorized use of
15.01 Discontinuance of Franchisor's Marks. Upon termination of this Agreement for any reason, Franchisee shall discontinue the use of the Marks and any part of them, including, but not limited to the Authorized Name and/or the words "Christian Brothers Automotive", "Christian Brothers", "CBAC" and "CBA" and shall not thereafter operate or do business under any name or in any manner that might reasonably give the general public the
5.08 Discontinuance or Substitution of Marks. If Franchisor, in its sole discretion, decides to modify or discontinue use of any name or Mark and/or to adopt or use one or more additional or substituted names or marks, then Franchisee, at its expense, shall promptly conform its use of the Franchisor's names or marks as directed by the Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, a franchisee's right to use the brand's Marks is subject to several conditions and limitations. Christian Brothers Automotive grants franchisees a nonexclusive license to use and display its Marks, but this license is specifically for operating the franchised business within the designated territory and in connection with authorized services and products.
The franchisee must adhere to the guidelines set by Christian Brothers Automotive regarding the manner and location of Mark usage, as detailed in the Confidential Operations Manual. Any deviation from these guidelines, including using the Marks with unauthorized prefixes, suffixes, or in connection with unapproved products or services, is strictly prohibited unless expressly permitted in writing by Christian Brothers Automotive.
Upon termination of the Franchise Agreement, the franchisee must immediately cease using the Marks, including the name "Christian Brothers Automotive," and cannot operate under any name that might suggest an affiliation with Christian Brothers Automotive. The franchisee also relinquishes any claim to goodwill associated with the Marks. Christian Brothers Automotive retains the right to modify or discontinue any Mark and the franchisee is obligated to comply with these changes, bearing the costs of updating signage and materials accordingly.