What is the Aw franchisee's obligation regarding signing instruments 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 a responsibility to assist Aw in protecting its trademarks. Specifically, if Aw or its attorneys deem it necessary, a franchisee must sign all instruments and documents, provide assistance, and take any action to protect and maintain Aw's interest in any litigation, PTO (Patent and Trademark Office) proceeding, ICANN (Internet Corporation for Assigned Names and Numbers) Uniform Domain Name Dispute Resolution Policy proceeding, or other administrative proceeding relating to Aw's marks.
This obligation means that franchisees must cooperate fully with Aw in any legal or administrative actions related to trademark protection. This could involve signing affidavits, providing documents, or participating in legal proceedings. Failure to comply with these requirements could potentially lead to a breach of the franchise agreement.
This requirement is fairly standard in franchising, as franchisors need to actively protect their trademarks to maintain brand consistency and prevent infringement. By requiring franchisees to cooperate in these efforts, Aw aims to ensure that its trademarks are vigorously defended. Franchisees should be aware of this obligation and be prepared to provide the necessary assistance should the need arise.