What does Christian Brothers Automotive mean by the term 'trademark' in the context of the franchise agreement?

CBAC grants you the right to operate a site under the name "Christian Brothers Automotive - [location name to be inserted]" and to use the trade names, trademarks, service marks, logos, trade dress, slogans, product names, and similar items developed by CBAC. By trademark, CBAC means trade names, trademarks, service marks, and logos used to identify your site, and the systems, programs, services and products offered by CBAC. CBAC has registered the following trademarks (and filed all required affidavits) on the Principal Register of the United States Patent and Trademark Office ("USPTO"):

In addition, CBAC has filed the following applications, along with all required affidavits, which have been allowed by the USPTO pending approval of CBAC's statements of use filed on April 1, 2025.

| Mark | International | Serial Number | Filing Date | |---|---|---|---| | | Class | | | | NICE DIFFERENCE CARE+ | 35, 36, 37 | 98338524 | January 2, 2024 | | | 35, 36, 37 | 98360584 | January 17, 2024 | For the above trademarks that are not yet registered on the Principal Register of the USPTO, note that we do not have a federal registration for such trademarks. Therefore, these trademarks do not have many legal benefits and rights as a federally-registered trademark. If our right to use these trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses.

There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court concerning the trademarks. There are no pending infringement, opposition or cancellation proceedings. There is no pending material litigation involving the trademarks, which may be relevant to their use in this state or in any other state. We do not know of any prior rights or infringing uses that could materially affect your use of the trademarks in this state or elsewhere.

You must follow our rules when you use the marks, names, trade dress and similar items developed by CBAC. You cannot use a name or mark as part of your corporate or business name, or with modifying words, designs or symbols, except those which CBAC licenses or permits you to use. You may not use CBAC's registered name in connection with the sale of any service or product except as is specifically authorized by CBAC in writing, nor can you use these in a manner not authorized in writing by CBAC. No agreements limit CBAC's right to use or license the use of CBAC's trademarks.

You must notify CBAC immediately when you learn about any actual or possible infringement of or challenge to your use of our trademark. CBAC will take the action we think is appropriate. Although CBAC is not required to defend you against a claim for your use of our marks, we may reasonably defend you against a claim against your authorized use of our trademark, or we may reimburse you for your liability and reasonable costs in connection with defending CBAC's trademark. We will control any litigation or proceeding. To receive reimbursement, you must have notified CBAC immediately when you learned of the infringement or challenge.

Source: Item 13 — TRADEMARKS (FDD pages 54–56)