What does Springhill Suites By Marriott mean by 'trademarks' in the context of the franchise agreement?

sinesses for those other systems, in the hotel's territory.

TRADEMARKS

We will give you the right under the franchise agreement to develop and operate a hotel under the name "SpringHill Suites by Marriott" subject to compliance with our standards. You may also use other current or future trademarks designated by us for the operation of your hotel. By "trademarks," we mean trade names, trademarks, service marks, logos, and other symbols used to identify your hotel, whether registered or unregistered. We or our affiliates have registered the following principal trademarks on the Principal Register of the United States Patent and Trademark Office:

We have filed all required affidavits.

We do not have a federal registration for some of our principal trademarks. Therefore, those trademarks do not have as many legal benefits and rights as federally registered trademarks. If our right to use a trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses. Once we obtain a federal registration, however, our rights derived from federal registration of the trademark will be effective as of the filing date of the application.

You must identify your hotel using the name we designate, which we may change at our discretion. We may develop additional trademarks for use in the operation of SpringHill Suites hotels, or we may withdraw or substitute trademarks. You must modify or discontinue the use of a trademark or the hotel name at your expense if we modify or discontinue it.

We have the right to use, and to license others to use, the trademarks listed in this Item 13, because we either own those trademarks or have an agreement with an affiliate that owns those trademarks.

You may not use the words "SpringHill," "SpringHill Suites," or "Marriott," or any other trademark or confusingly similar mark or name in your corporate, partnership, or trade name, or in any other business

or trade name, or otherwise in connection with any business activity or venture. You are also prohibited from using our trademarks or any confusingly similar trademarks in any email address (except as we authorize), domain name, mobile application name, or any other electronic identifier. In addition to any other rights or remedies available to us under the franchise agreement and applicable law, we will charge a fee of $100 each day any email address, domain name, or application using our marks is live, and we may limit your access to our reservation and distribution channels.

There are currently no effective material decisions of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administration of any state or any court, or any pending infringement, opposition, or cancellation proceeding, or any pending material litigation, involving the trademarks identified above. There are no agreements that materially limit our right to use or license the use of the trademarks identified above.

You must notify us promptly in writing if you learn about an infringement of, or challenge to, your use of our trademarks. We have the right to have sole control over the defense and settlement of any claim that involves the trademarks.

Source: Item 13 — TRADEMARKS (FDD pages 102–104)