What assistance must an Aw franchisee provide to protect and maintain the interest in the marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately in writing of any apparent infringement of or challenge to your use of any Mark, or any claim by any person of any rights in any Mark or any similar mark and you may not communicate with any person other than us or our attorneys and your attorneys regarding the infringement, challenge or claim. We have sole discretion to take any action we deem appropriate and the right to exclusively control any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding or other administrative proceeding arising out of any infringement, challenge or claim to otherwise relating to any Mark. You must sign all instruments and documents, provide assistance and take any action that, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interest in any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding or other administrative proceeding or to otherwise protect and maintain our interest in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees play a crucial role in safeguarding the brand's trademarks. Specifically, if a franchisee notices any potential infringement or challenges to the use of Aw's trademarks, they must immediately notify Aw in writing. The franchisee is prohibited from communicating with any party other than Aw, its attorneys, or their own attorneys regarding the infringement, challenge, or claim.
Aw retains sole discretion over any action taken and has the exclusive right to control any litigation, PTO (Patent and Trademark Office) proceeding, ICANN (Internet Corporation for Assigned Names and Numbers) Uniform Domain Name Dispute Resolution Policy proceeding, or other administrative proceeding related to the trademarks.
To further protect Aw's interests in these legal matters, franchisees are obligated to sign all necessary instruments and documents, provide assistance, and take any action deemed necessary or advisable by Aw's attorneys. This ensures that Aw can effectively defend and maintain its trademark rights. This obligation extends to any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding, or other administrative proceeding related to the Marks.