What kind of notices regarding trademark or service mark registrations and copyrights must an Aw franchisee use?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.2 Limitations On Your Use of Marks. You agree to use the Marks as the sole identification of your Papa Ray's Pizza Restaurant, except that you must display at your Papa Ray's Pizza Restaurant, in a form we prescribe, notices identifying yourself as the independent owner of your Papa Ray's Pizza Restaurant pursuant to a Franchise Agreement with us. You may not use or register any Mark as part of any corporate or trade name or with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos and additional trademarks and service marks licensed to you under this Agreement), or in any modified form. You may not apply to register or register any Mark in any forum. 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 agree to display the Marks prominently and in the manner we prescribe in operating your Papa Ray's Pizza Restaurant, including signs and forms, and in connection with advertising and promotional materials. You also agree to use only notices of trademark or service mark registrations and copyrights as we specify and to obtain any fictitious or assumed name or "doing business as" registrations that are required under applicable law.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, as a franchisee, you must use only the notices of trademark or service mark registrations and copyrights that Aw specifies. Additionally, you must obtain any fictitious or assumed name or "doing business as" registrations that are required under applicable law.
This means that Aw maintains tight control over its brand's image and legal protection. As a franchisee, you cannot independently decide how to display trademark or copyright notices. You must adhere to Aw's prescribed format and content for these notices. This ensures consistency across all franchise locations and minimizes the risk of improper or insufficient legal protection of Aw's intellectual property.
Furthermore, franchisees are responsible for securing any local business name registrations (such as "doing business as" or assumed name filings) as mandated by state or local laws. This requirement ensures that the franchise operates legally within its jurisdiction and that the public is properly informed about the business's ownership and affiliation. Failure to comply with these regulations could result in legal penalties or operational disruptions for the franchisee.