Can an Aw franchisee use any Mark with other modifying terms?
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 are restricted in how they use Aw's marks. Specifically, 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, pursuant to the franchise agreement.
The agreement explicitly prohibits franchisees from using or registering any mark as part of a corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols. The only exception to this is logos and additional trademarks and service marks licensed under the agreement. Additionally, franchisees cannot apply to register or register any mark in any forum, use any mark in connection with unauthorized products or services, or in any manner not expressly authorized in writing by Aw.
These restrictions ensure that Aw maintains control over its brand identity and prevents franchisees from creating potentially confusing or diluting variations of the marks. Franchisees must display the marks prominently and in the manner prescribed by Aw, including on signs, forms, and advertising materials. They must also use only the specified notices of trademark or service mark registrations and copyrights, and obtain any required fictitious or assumed name registrations.