Can an Aw franchisee make any written representation that any of the Marks is in any way invalid?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
You must not, at any time during the term of this Agreement or after its termination or expiration do any of the following: (1) make any oral or written representation or admission that any of the Marks is in any way invalid or infringes the rights of any person or is open to any other form of attack, (2) contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of the Marks, or (3) take any action that derogates, tarnishes or dilutes our claimed rights in and to the Marks.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees are prohibited from making any written or oral representation that any of Aw's marks are in any way invalid. This restriction is in place both during the term of the franchise agreement and after its termination or expiration.
This provision protects Aw's trademarks and brand identity. By preventing franchisees from challenging the validity of the marks, Aw aims to maintain consistent brand recognition and prevent legal challenges to its intellectual property. This is a fairly standard clause in franchise agreements, as the brand's trademarks are a critical asset.
For a prospective Aw franchisee, this means they cannot legally claim that Aw's trademarks are invalid or infringe upon anyone else's rights. Doing so would be a breach of the franchise agreement and could lead to legal repercussions. Franchisees must respect and uphold Aw's ownership and rights to its marks.