Does the Aw franchise agreement allow the franchisee to use the Marks in any modified form?
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 generally prohibited from using the Marks in any modified form. The franchise agreement specifies that franchisees must use the Marks as the sole identification of their Papa Ray's Pizza Restaurant, with the exception of displaying notices identifying themselves as the independent owner of the restaurant under a franchise agreement with Aw.
The agreement explicitly states that franchisees cannot use or register any Mark as part of a corporate or trade name, or with any prefix, suffix, or other modifying elements, unless those elements are logos and additional trademarks or service marks licensed under the agreement. Additionally, franchisees are not allowed to register any Mark in any forum or use any Mark in connection with unauthorized products or services without express written authorization from Aw.
Aw requires franchisees to display the Marks prominently and in the prescribed manner, including on signs, forms, and advertising materials. Franchisees must also use only the specified notices of trademark or service mark registrations and copyrights. They are responsible for obtaining any required fictitious or assumed name registrations under applicable law, ensuring that all uses of the Marks are consistent with Aw's standards and legal requirements.