Does the Aw franchise agreement state that all provisions applicable to the Marks also apply to additional trademarks authorized for use?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
All provisions of this Agreement applicable to the Marks will apply to any additional trademarks, service marks, commercial symbols, designs, artwork and logos we may authorize you to use during the term of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the franchise agreement stipulates that all provisions applicable to the Marks also apply to any additional trademarks, service marks, commercial symbols, designs, artwork, and logos that Aw may authorize the franchisee to use during the term of the agreement. This means that the same rules and restrictions that apply to Aw's primary trademarks will extend to any new branding elements Aw approves for the franchisee's use.
For a prospective Aw franchisee, this clause ensures consistency and control over the brand's image. It means that any unauthorized use of these additional marks will be treated as a breach of the franchise agreement, similar to misusing the primary trademarks. This provision protects Aw's brand identity and reputation by ensuring that all branding elements are used correctly and in accordance with Aw's standards.
This is a fairly standard practice in franchising, as franchisors typically want to maintain tight control over their brand and ensure consistent representation across all franchise locations. Franchisees should be aware of this provision and ensure they fully understand the guidelines for using any additional marks authorized by Aw. Franchisees should also seek clarification from Aw regarding the specific usage guidelines and restrictions associated with any additional marks to avoid unintentional breaches of the franchise agreement.