What was the registration number for the 'Papa Ray's Pizza & Wings' trademark for Aw?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
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 was initially registered under Registration No. 4001654 on July 26, 2011, by Aw's affiliate, Papa Ray's Pizza 1, Inc. However, this registration, along with the associated logo's registration (No. 4001655), was later cancelled on November 26, 2013, following a cancellation proceeding initiated by U.S.A. Famous Original Ray's Licensing Corp.
The cancellation of the trademark registration has significant implications for prospective Aw franchisees. Because Aw does not have a federal registration for its principal trademark, it lacks many of the legal benefits and rights typically associated with federally registered trademarks. This means that Aw's right to use the trademark could be challenged, potentially forcing franchisees to switch to an alternative trademark.
The FDD indicates that such a change could increase a franchisee's expenses. While the document mentions that the mark Famous Original Ray's Pizza is currently only in use in New York, and Aw does not intend to offer franchises there, the risk remains that a similar challenge could arise in other locations. Aw states that they are not required to protect the franchisee's use of the marks.
Prospective franchisees should carefully consider these risks and seek clarification from Aw regarding the potential costs and procedures involved if a trademark dispute arises. It would be prudent to inquire about any ongoing efforts to re-register the trademark or secure alternative protections to mitigate these risks.