Is the mark 'Famous Original Ray's Pizza' currently in use, and if so, where for Aw?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
On November 26, 2013, our affiliate's registrations for the Papa Ray's Pizza & Wings mark and logo was cancelled by the PTO. We do not have a federal registration for our principal trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses. Currently, the mark Famous Original Ray's Pizza owned by U.S.A Famous Original Ray's Licensing Corp. is only in use in New York. We do not intend to offer and sell franchises in New York.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the trademark 'Famous Original Ray's Pizza' is currently in use. Specifically, U.S.A Famous Original Ray's Licensing Corp. owns the mark, and it is in use in New York. Aw states that it does not intend to offer or sell franchises in New York.
This information is relevant to prospective Aw franchisees because it clarifies the potential trademark landscape and competitive environment. Aw acknowledges a potential conflict with the 'Famous Original Ray's Pizza' mark, but mitigates the risk by stating they will not operate in New York where the mark is in use. This suggests that Aw franchisees operating outside of New York are unlikely to encounter direct trademark conflicts with U.S.A Famous Original Ray's Licensing Corp.
It is important for potential franchisees to understand trademark rights and potential conflicts, as these can impact their ability to operate under a specific brand. While Aw states they do not intend to operate in New York, franchisees should still conduct their own due diligence to ensure there are no similar local or regional pizza brands that could cause confusion or conflict in their specific market. Franchisees should also be aware that Aw does not have a federal registration for their principal trademark, which could limit their legal protections.