Is the franchisee required to cancel 'doing business as' registrations related to the Aw Marks after termination?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.2 The Marks. You (and your Owners) agree that after the termination or expiration (without renewal) of this Agreement you will:
- (a) not directly or indirectly at any time or in any manner identify yourself or any business as a current or former Papa Ray's Pizza Restaurant, or as a franchisee or licensee of or as otherwise associated with us, or use the Marks, any colorable imitation thereof or other indicia of a Papa Ray's Pizza Restaurant in any manner or for any purpose, or utilize for any purpose any trade name, trademark, service mark, trade dress, domain name, or other commercial symbol that suggests or indicates a connection or association with us;
- (b) promptly return to us or destroy (whichever we specify) all signs, sign-faces, promotional and advertising materials and other materials containing the Marks or otherwise identifying or relating to a Papa Ray's Pizza Restaurant;
- (c) promptly take such action as may be required to cancel all fictitious or assumed name, "doing business as" or equivalent registrations relating to your use of the Marks;
- (d) promptly notify the telephone company and all listing agencies of the termination or expiration of your right to use any telephone number and any telephone directory listings associated with the Marks and to authorize transfer of same to or at our direction.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, franchisees are required to take specific actions regarding the brand's intellectual property. Specifically, the franchisee must promptly take action to cancel all fictitious or assumed name, "doing business as", or equivalent registrations related to the use of Aw's marks. This obligation ensures that after the franchise relationship ends, the franchisee cannot continue to operate under a name that suggests affiliation with Aw. This protects Aw's brand identity and prevents potential customer confusion.
In addition to canceling 'doing business as' registrations, the franchisee must also cease using any identification or association with Aw, including the brand's marks or any similar imitations. Franchisees must return or destroy all signs, promotional materials, and other items containing Aw's marks, as specified by Aw. Furthermore, franchisees are required to notify the telephone company and listing agencies about the termination of their right to use any phone numbers and directory listings associated with Aw's marks, and authorize the transfer of these to Aw's direction.
These post-termination obligations are standard practice in franchising to ensure a clean break between the franchisor and franchisee. By requiring the cancellation of registrations and the cessation of mark usage, Aw aims to prevent any ongoing association that could damage its brand or mislead the public. Prospective franchisees should understand these requirements and be prepared to comply with them upon termination or expiration of their franchise agreement.