Can an Aw franchisee use any Mark with other modifying designs?
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, franchisees have strict limitations on how they can use the brand's marks. The agreement states that franchisees must use the marks as the sole identification of their Papa Ray's Pizza Restaurant, with the exception of displaying notices identifying themselves as the independent owner of the restaurant under a franchise agreement with Aw. Franchisees are explicitly prohibited from using or registering any mark as part of a corporate or trade name, or with any prefix, suffix, or other modifying elements, unless those elements are logos and additional trademarks and service marks licensed under the agreement.
This means an Aw franchisee cannot alter the marks in any way without express authorization. They cannot add designs or symbols, or use the marks in conjunction with unauthorized products or services. The franchisee must display the marks prominently and in the manner prescribed by Aw, including on signs, forms, and advertising materials. They must also use the specified trademark and copyright notices and obtain any required fictitious name registrations.
These restrictions are typical in franchising, as franchisors need to protect their brand identity and ensure consistent representation across all locations. By maintaining strict control over the use of its marks, Aw aims to prevent confusion among customers and protect the goodwill associated with the brand. Franchisees must adhere to these guidelines to maintain their franchise agreement and avoid potential legal issues related to trademark infringement.
Aw also retains the right to require franchisees to modify or discontinue the use of any mark if it becomes advisable, in Aw's sole discretion. Franchisees are responsible for the expenses associated with these changes and Aw has no obligation to reimburse franchisees for these costs. This underscores the importance of franchisees staying informed about any changes to brand standards and being prepared to adapt their signage and marketing materials accordingly.