Does the Aw franchise agreement allow the franchisee to use the Marks in applying for any license or permit?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.2 Limitations On Your Use of Marks. You agree to use the Marks as the sole identification of your Papa Ray's Pizza Restaurant, except that you must display at your Papa Ray's Pizza Restaurant, in a form we prescribe, notices identifying yourself as the independent owner of your Papa Ray's Pizza Restaurant pursuant to a Franchise Agreement with us. You may not use or register any Mark as part of any corporate or trade name or with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos and additional trademarks and service marks licensed to you under this Agreement), or in any modified form. You may not apply to register or register any Mark in any forum. You may not use any Mark in connection with the sale of any unauthorized product or service or in any other manner we have not expressly authorized in writing. You agree to display the Marks prominently and in the manner we prescribe in operating your Papa Ray's Pizza Restaurant, including signs and forms, and in connection with advertising and promotional materials. You also agree to use only notices of trademark or service mark registrations and copyrights as we specify and to obtain any fictitious or assumed name or "doing business as" registrations that are required under applicable law.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to the 2025 Aw Franchise Disclosure Document, franchisees are required to obtain any fictitious or assumed name or "doing business as" registrations that are required under applicable law. However, the agreement does not explicitly grant permission to use Aw's marks when applying for other licenses or permits. Franchisees must display notices identifying themselves as the independent owner of their Papa Ray's Pizza Restaurant pursuant to a Franchise Agreement with Aw. Franchisees cannot use or register any Mark as part of any corporate or trade name or with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos and additional trademarks and service marks licensed to you under this Agreement), or in any modified form. Franchisees cannot apply to register or register any Mark in any forum.
This means that while franchisees must register their business name, they are restricted in how they can use Aw's trademarks in that registration or any other official applications. They must operate under the Papa Ray's Pizza brand but clearly identify themselves as the independent owner. This protects Aw's brand identity and ensures consistency across all franchise locations.
It is standard practice in franchising to maintain strict control over brand trademarks. This allows Aw to ensure consistent branding and quality control across all franchised locations. Prospective franchisees should clarify with Aw what specific language or documentation is required when using the Papa Ray's Pizza name in legal or administrative contexts.