factual

What must the notices identifying the independent ownership of the Papa Ray's Pizza Restaurant by the Aw franchisee look like?

Aw Franchise · 2025 FDD

Answer from 2025 FDD Document

All provisions of this Agreement applicable to the Marks will apply to any additional trademarks, service marks, commercial symbols, designs, artwork and logos we may authorize you to use during the term of this Agreement.

  • 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.
  • 7.3 Use of Marks on the Internet. We and our affiliate have developed a web site (the "Papa Ray's Pizza Website"). We and our affiliate may market and sell from the Papa Ray's Pizza Website various products and services worldwide that may compete with you and other franchisees within and outside the Protected Area. Papa Ray's Pizza Website as it may be developed and changed from time to time is the sole property of the Company or its affiliate. We will provide to you a page on or page linked to the Papa Ray's Pizza Website. The specifications, standards and procedures you must follow for developing and maintaining a page on Papa Ray's Pizza Website shall be set forth in the Operations Manual or otherwise in writing. All content on your page on the Papa Ray's Pizza Website is subject to our prior written approval.

You shall not obtain any domain names/URL addresses for the Internet incorporating the Marks or create, develop, maintain and/or use your own web site on the Internet using any of the Marks.

Source: Item 22 — CONTRACTS (FDD pages 39–40)

What This Means (2025 FDD)

According to Aw's 2025 Franchise Disclosure Document, franchisees must display notices identifying themselves as the independent owners of their Papa Ray's Pizza Restaurant, pursuant to a Franchise Agreement with Aw. These notices must be in a form prescribed by Aw. Franchisees must also conspicuously identify themselves as the owner of the Papa Ray's Pizza Restaurant in all dealings with customers, suppliers, public officials, and employees.

This requirement extends to all forms, business cards, stationery, advertising, and other materials, where additional notices of independent ownership may be required by Aw from time to time. The franchisee must also prominently display a sign within public view on the premises that clearly indicates the Papa Ray's Pizza Restaurant is independently owned and operated by the franchisee.

Aw maintains control over the use of its Marks, and franchisees may only use them as the sole identification of their Papa Ray's Pizza Restaurant. Franchisees cannot 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, except for logos and additional trademarks and service marks licensed under the Franchise Agreement. Franchisees must display the Marks prominently and in the manner prescribed by Aw, including on signs, forms, and in connection with advertising and promotional materials. Franchisees must also use only the trademark or service mark registrations and copyrights as specified by Aw and obtain any fictitious or assumed name registrations required by law.

In practical terms, this means that Aw franchisees do not have complete autonomy in how they present their business to the public. They must adhere to Aw's guidelines regarding the use of Marks and the display of ownership notices. This ensures brand consistency and protects Aw's trademarks and goodwill. Prospective franchisees should carefully review the Operations Manual and any other written instructions provided by Aw to understand the specific requirements for these notices and displays.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.