Does Aw currently have a federal registration for its principal trademark 'Papa Ray's Pizza & Wings'?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant to you the right to use certain trademarks, service marks, and other commercial symbols in operating your Papa Ray's Pizza Restaurant. The principal service mark to be used by you is "Papa Ray's Pizza & Wings" and associated logos.
On July 26, 2011, our affiliate Papa Ray's Pizza 1, Inc. obtained a service mark registration on the Principal Register of the United States Patent and Trademark Office ("PTO") for "Papa Ray's Pizza & Wings" (Registration No. 4001654) and an associated logo (Registration No. 4001655). Subsequently a cancellation proceeding was initiated by U.S.A. Famous Original Ray's Licensing Corp. for cancellation of these marks based on its ownership and use of the mark Famous Original Ray's Pizza. On November 26, 2013, our affiliate's registrations for the Papa Ray's Pizza & Wings mark and logo was cancelled by the PTO. We do not have a federal registration for our principal trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses. Currently, the mark Famous Original Ray's Pizza owned by U.S.A Famous Original Ray's Licensing Corp. is only in use in New York. We do not intend to offer and sell franchises in New York.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, Aw does not currently have a federal registration for its principal trademark, "Papa Ray's Pizza & Wings". An affiliate, Papa Ray's Pizza 1, Inc., initially obtained a service mark registration on the Principal Register of the United States Patent and Trademark Office (PTO) on July 26, 2011, for both the trademark and an associated logo. However, this registration was later canceled on November 26, 2013, following a cancellation proceeding initiated by U.S.A. Famous Original Ray's Licensing Corp., which claimed ownership and use of the mark "Famous Original Ray's Pizza."
This lack of federal registration has significant implications for prospective Aw franchisees. Without federal registration, the trademark lacks many legal benefits and rights typically associated with federally registered trademarks. This means that Aw's ability to protect the "Papa Ray's Pizza & Wings" mark is limited, and franchisees could face challenges if the trademark is disputed. The FDD explicitly states that if Aw's right to use the trademark is challenged, franchisees may have to switch to an alternative trademark, potentially increasing their expenses.
While the "Famous Original Ray's Pizza" mark is currently only in use in New York, and Aw states it does not intend to offer franchises there, the absence of federal trademark protection leaves Aw and its franchisees vulnerable to potential trademark disputes in other regions. This situation underscores the importance of franchisees understanding the risks associated with using a trademark that lacks federal registration and the potential costs involved in rebranding if necessary. Prospective franchisees should seek clarification from Aw regarding their strategy for protecting the trademark and supporting franchisees in the event of a trademark challenge.