How should an Aw franchisee display the Marks in operating their Papa Ray's Pizza Restaurant?
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.
- 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.
- 7.3 Use of Marks on the Internet. We and our affiliate have developed a web site (the "Papa Ray's Pizza Website"). We and our affiliate may market and sell from the Papa Ray's Pizza Website various products and services worldwide that may compete with you and other franchisees within and outside the Protected Area. Papa Ray's Pizza Website as it may be developed and changed from time to time is the sole property of the Company or its affiliate. We will provide to you a page on or page linked to the Papa Ray's Pizza Website. The specifications, standards and procedures you must follow for developing and maintaining a page on Papa Ray's Pizza Website shall be set forth in the Operations Manual or otherwise in writing. All content on your page on the Papa Ray's Pizza Website is subject to our prior written approval.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees must use the Marks as the sole identification of their Papa Ray's Pizza Restaurant. However, franchisees must also display a notice identifying themselves as the independent owner of the restaurant, pursuant to the Franchise Agreement, in a form that Aw prescribes. Franchisees cannot 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, except for logos and additional trademarks and service marks licensed under the agreement. Franchisees also cannot apply to register or register any Mark in any forum.
Aw franchisees are prohibited from using any Mark in connection with the sale of any unauthorized product or service or in any manner not expressly authorized in writing by Aw. The Marks must be displayed prominently and in the manner Aw prescribes, including on signs and forms, and in connection with advertising and promotional materials. Franchisees must use only the trademark or service mark registrations and copyrights as Aw specifies and obtain any fictitious or assumed name or "doing business as" registrations required under applicable law.
Aw also provides a Papa Ray's Pizza Website, where Aw and its affiliates may market and sell products and services that could compete with franchisees. Aw will provide franchisees with a page on or linked to the Papa Ray's Pizza Website, and the specifications, standards, and procedures for developing and maintaining this page will be set forth in the Operations Manual or in writing. All content on the franchisee's page is subject to Aw's prior written approval.