Is an Aw franchisee required to use only notices of trademark or service mark registrations and copyrights as specified by the franchisor?
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, as a franchisee, you must use only the notices of trademark or service mark registrations and copyrights as specified by Aw. This means Aw dictates the specific language and format of any legal notices related to its trademarks, service marks, and copyrights that you display at your Papa Ray's Pizza Restaurant or include in your advertising and promotional materials.
This requirement ensures consistency and legal compliance across all Aw franchise locations. By controlling the use of these notices, Aw can protect its brand identity and ensure that franchisees do not inadvertently misrepresent the company's intellectual property rights. This also helps Aw maintain quality control over how its brand is presented to the public.
For a prospective Aw franchisee, this means you will need to adhere strictly to Aw's guidelines regarding trademark, service mark, and copyright notices. You should familiarize yourself with these requirements as outlined in the Operations Manual or other written communications from Aw. Failure to comply with these requirements could result in a breach of the franchise agreement.