When were the registrations for the Papa Ray's Pizza & Wings mark and logo cancelled 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 registrations for the "Papa Ray's Pizza & Wings" mark and associated logo were cancelled on November 26, 2013. The cancellation was initiated by U.S.A. Famous Original Ray's Licensing Corp., who claimed ownership and use of the mark "Famous Original Ray's Pizza". Aw states that they do not have a federal registration for their principal trademark, which means the trademark lacks many legal benefits and rights typically associated with federally registered trademarks.
This cancellation has important implications for prospective Aw franchisees. Because Aw does not have a federal registration for the "Papa Ray's Pizza & Wings" trademark, there is a risk that the right to use the trademark could be challenged. If this happens, franchisees may be required to switch to an alternative trademark, which could lead to increased expenses for things like new signage and marketing materials.
Aw states that the "Famous Original Ray's Pizza" mark is currently only in use in New York, and they do not intend to offer franchises in New York. However, the risk remains that a similar challenge could arise in other locations. Aw does offer some protection to franchisees, stating that they will indemnify franchisees against damages and costs incurred in defending against claims arising from the use of the mark, provided the franchisee's use was in compliance with the Franchise Agreement and Aw's rules, and that Aw was promptly notified of the claim. Franchisees should carefully consider these risks and protections before investing in an Aw franchise.