Is an Aw franchisee required to use only specified notices of trademark or service mark registrations?
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 that Aw specifies. Additionally, you are responsible for obtaining any fictitious or assumed name or "doing business as" registrations that are required by law. This ensures consistent brand representation and legal compliance across all franchise locations.
This requirement means that Aw franchisees do not have the freedom to create their own trademark or copyright notices. Instead, they must adhere to the specific guidelines provided by Aw. This is a common practice in franchising, as it helps maintain uniformity and protect the brand's intellectual property.
By controlling the use of trademark and copyright notices, Aw can ensure that all marketing and operational materials accurately reflect the brand's legal standing. This also reduces the risk of franchisees inadvertently using incorrect or misleading information, which could lead to legal issues for both the franchisee and the franchisor. Franchisees should ensure they understand and follow Aw's guidelines on trademark and copyright usage to remain in compliance with the franchise agreement.