Is an Aw franchisee allowed to use any prefix, suffix or other modifying words with any Mark?
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 Aw's 2025 Franchise Disclosure Document, franchisees are restricted in how they use Aw's trademarks. Specifically, franchisees cannot use any of Aw's marks as part of a corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols. The only exceptions to this are logos and additional trademarks and service marks that Aw licenses to the franchisee under the Franchise Agreement. This ensures that the marks are used consistently and according to Aw's standards.
This restriction is in place to protect the uniformity and integrity of the Aw brand. By preventing franchisees from altering the marks, Aw maintains control over its brand identity and prevents potential customer confusion. This is a common practice in franchising, as consistent branding is crucial for building customer recognition and trust.
Franchisees are also prohibited from registering any of Aw's marks in any forum and from using the marks in connection with unauthorized products or services. Franchisees must display the marks prominently and in the manner prescribed by Aw, including on signs, forms, and advertising materials. They must also use only the trademark or service mark registration notices and copyrights specified by Aw and obtain any required fictitious or assumed name registrations.
These limitations on mark usage are designed to protect Aw's brand and ensure consistency across all franchise locations. Franchisees must adhere to these guidelines to maintain the integrity of the brand and avoid potential legal issues related to trademark infringement.