Does the Aw franchise agreement require the franchisee to cancel 'doing business as' registrations related to the Aw Marks after termination?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.2 The Marks. You (and your Owners) agree that after the termination or expiration (without renewal) of this Agreement you will:
- (a) not directly or indirectly at any time or in any manner identify yourself or any business as a current or former Papa Ray's Pizza Restaurant, or as a franchisee or licensee of or as otherwise associated with us, or use the Marks, any colorable imitation thereof or other indicia of a Papa Ray's Pizza Restaurant in any manner or for any purpose, or utilize for any purpose any trade name, trademark, service mark, trade dress, domain name, or other commercial symbol that suggests or indicates a connection or association with us;
- (b) promptly return to us or destroy (whichever we specify) all signs, sign-faces, promotional and advertising materials and other materials containing the Marks or otherwise identifying or relating to a Papa Ray's Pizza Restaurant;
- (c) promptly take such action as may be required to cancel all fictitious or assumed name, "doing business as" or equivalent registrations relating to your use of the Marks;
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, franchisees are required to take specific actions regarding the brand's trademarks. Specifically, the franchisee must promptly cancel all fictitious or assumed name, "doing business as", or equivalent registrations relating to the use of Aw's marks. This obligation ensures that after the franchise agreement ends, the franchisee cannot continue to operate under a name that suggests an affiliation with Aw.
In addition to canceling the 'doing business as' registrations, franchisees must also cease using the Aw marks in any manner, return or destroy all materials containing the marks, and notify the telephone company and listing agencies about the termination of their right to use any telephone number and directory listings associated with the marks. They must also authorize the transfer of these assets to Aw. These measures are designed to protect Aw's brand identity and prevent any potential confusion among customers after a franchise ceases operation.
These requirements are typical in franchise agreements to protect the franchisor's brand and goodwill. By ensuring that franchisees discontinue using the trademarks and associated business registrations upon termination, Aw maintains control over its brand and prevents former franchisees from potentially misrepresenting themselves as part of the Aw system. This protects both the franchisor and the remaining franchisees by maintaining consistent brand standards and preventing customer confusion.