What is the Aw franchisee's responsibility regarding signing documents related to protecting the marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
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's attorneys believe it is necessary or advisable, franchisees 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 the Marks.
This requirement means that as an Aw franchisee, you may be required to sign legal documents or provide assistance in legal proceedings related to trademark protection. This could involve providing information, signing affidavits, or other actions deemed necessary by Aw's legal counsel. Failure to comply with these requirements could potentially result in a breach of the franchise agreement.
This is a fairly standard requirement in franchising. Franchisors need to actively protect their trademarks, as these marks represent the brand's identity and goodwill. Franchisees, as users of the trademarks, are often required to cooperate in these efforts. It is important for prospective Aw franchisees to understand this obligation and be prepared to comply with any requests from Aw related to trademark protection.