What is the Aw franchisee's obligation if Aw decides to modify or discontinue the use of any mark?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
If it becomes advisable at any time, in our sole discretion, for us and/or you to modify or discontinue use of any Mark and/or use one or more additional or substitute trademarks or service marks, you must comply with our directions within a reasonable time after receiving notice from us at your expense.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, if Aw decides to modify or discontinue the use of any mark, franchisees must comply with Aw's directions. This compliance must occur within a reasonable time frame after the franchisee receives notice from Aw. The franchisee is responsible for covering the expenses associated with these changes.
This requirement means that Aw franchisees must be prepared to adapt their branding and marketing materials if Aw decides to update or change its trademarks. This could involve changing signage, menus, advertising, and other branded items. The franchisee bears the financial burden of these changes, which can be a significant expense, especially for franchisees with established locations.
It is important for prospective Aw franchisees to consider the potential costs associated with rebranding when evaluating the franchise opportunity. They should also inquire about Aw's history of trademark changes and its plans for future branding strategies. Understanding the potential for these changes and the associated costs can help franchisees better prepare for the financial implications of complying with Aw's directives regarding trademarks.