Does the Churchs Chicken Development Agreement grant any license to use the Proprietary Marks?

According to Churchs Chicken's 2025 Franchise Disclosure Document, the Development Agreement does not grant any license to use the Proprietary Marks or System. However, the Franchise Agreement does grant the franchisee the right to operate the Restaurant under the System and the Proprietary Marks. The franchisee must use the Proprietary Marks only at the Restaurant and only in the way Churchs Chicken specifies in the Franchise Agreement, Manuals or otherwise in writing. If the Proprietary Marks are used in any other way, the franchisee may be in violation of the Franchise Agreement and may also be infringing on Churchs Chicken's trademarks and service marks.

Churchs Chicken retains significant control over the use of its Proprietary Marks. The franchisee's right and license to use the Proprietary Marks is non-exclusive, meaning Churchs Chicken may grant other licenses for the Proprietary Marks, develop other franchise systems using different proprietary marks, or establish other systems for the sale of similar products using the same or similar Proprietary Marks, without providing the franchisee any right in them. All goodwill associated with the System and identified by the Proprietary Marks inures directly and exclusively to the benefit of Churchs Chicken and its affiliates.

The franchisee may only operate and advertise under the names "Church's", "Church's Chicken" or "Church's Texas Chicken" without prefix or suffix, and must adopt and use the Proprietary Marks only as permitted by Churchs Chicken. The franchisee must also observe all reasonable requirements concerning trademark registration notices that Churchs Chicken periodically specifies in the Manual or in writing. The franchisee's right to use the Proprietary Marks applies only to their use in the operation of the Restaurant at the location designated in the Franchise Agreement, and includes only the Proprietary Marks Churchs Chicken designates in the Manual or in writing as part of the System.

If Churchs Chicken finds it necessary to modify or discontinue the use of a particular trademark or service mark as a result of litigation, or otherwise substitute different Proprietary Marks, the franchisee must immediately use the new marks in place of the old marks upon receipt of notice to do so. The franchisee must promptly notify Churchs Chicken of any suspected infringement of, or challenge to, their Proprietary Marks. Churchs Chicken will control any administrative proceeding or litigation involving their Proprietary Marks and will decide whether to pursue any suspected infringer.