Can Aw franchisees use or register any mark as part of any entity?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use the Marks to identify your Papa Ray's Pizza Restaurant, but you must also identify yourself as the independent owner of your Papa Ray's Pizza Restaurant. You may not use or register any Mark as part of any entity or with any prefix, suffix or other modifying words, terms, designs or symbols (except for those we license to you ) or in any modified form. 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 must not obtain or register any domain names incorporating the Marks. You must not use the Marks in a website or in any other manner on the Internet without our prior written consent. You must not use any of the Marks on the Internet in any directory listing or advertising without our prior written consent. You must not make any reference to or any association with the Marks on any social media site, social network, blog, or other on-line venue or in any other manner on the Internet without our prior written consent. If any use of the Marks on the Internet is specifically permitted in the Operations Manual, you must conform your use completely to all of the applicable standards and procedures in the Operations Manual.
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 are restricted from using or registering any of Aw's marks as part of any entity. This restriction extends to using the marks with any prefix, suffix, or other modifying words, terms, designs, or symbols, except for those specifically licensed by Aw. Additionally, franchisees cannot use the marks in any modified form or in connection with unauthorized products or services without express written authorization from Aw.
This policy has significant implications for prospective Aw franchisees. It means that franchisees must strictly adhere to Aw's branding guidelines and cannot create any variations of the trademarks for their business. This includes domain names, websites, social media, and any other online presence. Any use of the marks online requires prior written consent from Aw, and must fully conform to the standards and procedures outlined in the Operations Manual.
The FDD also states that franchisees must immediately notify Aw of any potential infringement or challenges to the use of the marks. Aw retains sole discretion to take action and control any litigation related to the marks. Franchisees are obligated to assist Aw in protecting its interest in the marks by signing documents and taking necessary actions as advised by Aw's attorneys.
These trademark restrictions are typical in franchising, as franchisors need to protect their brand identity. However, the Aw franchise agreement appears to grant Aw broad control over the use of its marks, which may limit the franchisee's ability to create a unique identity for their specific location beyond what Aw explicitly allows.