What is the Aw franchisee's obligation regarding providing assistance in protecting the marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately in writing of any apparent infringement of or challenge to your use of any Mark, or any claim by any person of any rights in any Mark or any similar mark and you may not communicate with any person other than us or our attorneys and your attorneys regarding the infringement, challenge or claim. We have sole discretion to take any action we deem appropriate and the right to exclusively control any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding or other administrative proceeding arising out of any infringement, challenge or claim to otherwise relating to any Mark. You must sign all instruments and documents, provide assistance and take any action that, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interest in any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding or other administrative proceeding or to otherwise protect and maintain our interest in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees have specific obligations to assist in protecting Aw's trademarks. Franchisees must immediately notify Aw in writing of any apparent infringement or challenges to the use of any mark, or any claim by any person of any rights in any mark or any similar mark. Franchisees are prohibited from communicating with anyone other than Aw, their attorneys, or Aw's attorneys regarding any infringement, challenge, or claim.
Aw retains sole discretion to take any action it deems appropriate and has the exclusive right to control any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding, or other administrative proceeding arising out of any infringement, challenge, claim, or matter relating to any Mark. Franchisees are required to sign all instruments and documents, provide assistance, and take any action that Aw's attorneys deem necessary or advisable to protect and maintain Aw's interest in any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding, or other administrative proceeding, or to otherwise protect and maintain Aw's interest in the Marks.
These stipulations are typical in franchise agreements, as franchisors need to protect their brand identity and trademarks. By requiring franchisees to assist in these efforts, Aw ensures that it can effectively defend its trademarks against infringement and challenges, which is crucial for maintaining brand consistency and value across all franchise locations. Failure to comply with these obligations could potentially lead to a breach of the franchise agreement.