Can an Aw franchisee use any Mark with any suffix?
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 specific limitations regarding the use of Aw's marks. While franchisees must display notices identifying themselves as independent owners of their Papa Ray's Pizza Restaurant, they are generally prohibited from using or registering any Mark with prefixes, suffixes, or other modifications. The only exception to this rule is for logos and additional trademarks and service marks that Aw specifically licenses to the franchisee under the Franchise Agreement.
This restriction means that franchisees must adhere strictly to the approved branding and marketing guidelines provided by Aw. They cannot create variations of the brand name or logos for their individual restaurant. This is a common practice in franchising, designed to maintain brand consistency and prevent customer confusion. Franchisees must use the Marks as the sole identification of their Papa Ray's Pizza Restaurant.
The FDD also states that franchisees cannot use any Mark in connection with the sale of any unauthorized product or service or in any other manner Aw has not expressly authorized in writing. This further reinforces the importance of adhering to Aw's standards and procedures for using its Marks. Franchisees must also use only the trademark or service mark registration and copyright notices that Aw specifies.
Overall, these provisions ensure that Aw maintains control over its brand identity and protects its trademarks. For a prospective franchisee, this means understanding and accepting these limitations on mark usage and adhering to Aw's guidelines to avoid potential breaches of the franchise agreement.