Can an Aw franchisee apply to register or register any Mark in any forum?
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 explicitly prohibited from applying to register or registering any of Aw's marks in any forum. The franchise agreement states that franchisees cannot use or register any mark as part of a corporate or trade name, or with any modifications, except for logos and additional trademarks licensed under the agreement.
This restriction is in place to protect Aw's brand identity and ensure consistent use of its trademarks. Allowing franchisees to register or modify the marks could lead to confusion among customers and weaken the brand's overall value. This is a common practice in franchising, as franchisors typically maintain strict control over their intellectual property.
Aw franchisees must adhere to Aw's prescribed use of the marks in operating their Papa Ray's Pizza Restaurant, including on signs, forms, advertising, and promotional materials. They are also required to use only the trademark or service mark registration notices and copyrights specified by Aw. Additionally, franchisees must obtain any fictitious or assumed name registrations required by law, further emphasizing the importance of compliance with legal and brand standards.