What is the principal service mark that Aw franchisees will use?
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.
Other than as described above, there are no currently effective material determinations of the PTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court, nor are there any pending infringement, opposition or cancellation proceedings or material litigation involving the Marks. There are no agreements currently in effect that significantly limit our right to use or license the use of the Marks in any manner material to you.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the principal service mark that franchisees will use is "Papa Ray's Pizza & Wings" and associated logos. However, the FDD indicates that Aw does not have a federal registration for this principal trademark. This means the trademark lacks many legal benefits and rights typically associated with federally registered trademarks.
Notably, Aw's affiliate previously had a service mark registration for "Papa Ray's Pizza & Wings" and an associated logo, but these registrations were canceled by the United States Patent and Trademark Office (PTO) in 2013 following a cancellation proceeding initiated by U.S.A. Famous Original Ray's Licensing Corp. due to their ownership and use of the mark Famous Original Ray's Pizza. While the Famous Original Ray's Pizza mark is currently only in use in New York, and Aw states they do not intend to offer franchises in New York, the lack of federal registration for Aw's principal trademark could pose risks for franchisees.
Specifically, if Aw's right to use the "Papa Ray's Pizza & Wings" trademark is challenged, franchisees may be required to change to an alternative trademark, which could increase their expenses. Despite this risk, Aw maintains that there are no other currently effective material determinations of the PTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court, nor are there any pending infringement, opposition, or cancellation proceedings or material litigation involving the Marks, other than the cancellation proceeding discussed in the FDD. Aw also states that there are no agreements currently in effect that significantly limit their right to use or license the use of the Marks in any manner material to franchisees. Prospective franchisees should carefully consider these factors and conduct their own due diligence regarding the trademark's status and potential risks.