Was the 'Papa Ray's Pizza & Wings' trademark federally registered for Aw?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant to you the right to use certain trademarks, service marks, and other commercial symbols in operating your Papa Ray's Pizza Restaurant. The principal service mark to be used by you is "Papa Ray's Pizza & Wings" and associated logos.
On July 26, 2011, our affiliate Papa Ray's Pizza 1, Inc. obtained a service mark registration on the Principal Register of the United States Patent and Trademark Office ("PTO") for "Papa Ray's Pizza & Wings" (Registration No. 4001654) and an associated logo (Registration No. 4001655). Subsequently a cancellation proceeding was initiated by U.S.A. Famous Original Ray's Licensing Corp. for cancellation of these marks based on its ownership and use of the mark Famous Original Ray's Pizza. 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 "Papa Ray's Pizza & Wings" trademark is not federally registered. Initially, Aw's affiliate, Papa Ray's Pizza 1, Inc., obtained a service mark registration on the Principal Register of the United States Patent and Trademark Office (PTO) for "Papa Ray's Pizza & Wings" (Registration No. 4001654) and an associated logo (Registration No. 4001655) on July 26, 2011. However, this registration was later cancelled on November 26, 2013, following a cancellation proceeding initiated by U.S.A. Famous Original Ray's Licensing Corp. based on their ownership and use of the mark Famous Original Ray's Pizza.
Because Aw does not have a federal registration for its principal trademark, the trademark lacks many legal benefits and rights typically associated with federally registered trademarks. This poses a risk to potential franchisees. If Aw's right to use the trademark is challenged, franchisees may be required to change to an alternative trademark, which could lead to increased expenses. The FDD notes that the mark Famous Original Ray's Pizza is currently only in use in New York, and Aw does not intend to offer or sell franchises in New York.
Aw retains the right to defend claims against the use of the marks, but is not required to do so. If Aw chooses to defend a claim, they will indemnify and reimburse the franchisee for damages (excluding consequential damages like lost revenue or profits) and costs incurred in defending against third-party claims, provided the franchisee complied with the Franchise Agreement and notified Aw in a timely manner. Aw also has the discretion to modify or discontinue the use of any mark, and franchisees must comply with Aw's directions to change or discontinue using a mark at their own expense.