Does the restriction on using Aw's marks after termination apply to all times and in any manner?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.2 The Marks. You (and your Owners) agree that after the termination or expiration (without renewal) of this Agreement you will:
- (a) not directly or indirectly at any time or in any manner identify yourself or any business as a current or former Papa Ray's Pizza Restaurant, or as a franchisee or licensee of or as otherwise associated with us, or use the Marks, any colorable imitation thereof or other indicia of a Papa Ray's Pizza Restaurant in any manner or for any purpose, or utilize for any purpose any trade name, trademark, service mark, trade dress, domain name, or other commercial symbol that suggests or indicates a connection or association with us;
- (b) promptly return to us or destroy (whichever we specify) all signs, sign-faces, promotional and advertising materials and other materials containing the Marks or otherwise identifying or relating to a Papa Ray's Pizza Restaurant;
- (c) promptly take such action as may be required to cancel all fictitious or assumed name, "doing business as" or equivalent registrations relating to your use of the Marks;
- (d) promptly notify the telephone company and all listing agencies of the termination or expiration of your right to use any telephone number and any telephone directory listings associated with the Marks and to authorize transfer of same to or at our direction.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the restrictions on using Aw's marks after the termination or expiration of the franchise agreement apply at all times and in any manner. Specifically, the franchisee agrees that after termination or expiration, they will not directly or indirectly, at any time or in any manner, identify themselves or any business as a current or former Papa Ray's Pizza Restaurant, or as a franchisee or licensee of or as otherwise associated with Aw. They are also prohibited from using Aw's marks, any similar imitation, or other indicators of a Papa Ray's Pizza Restaurant for any purpose. Additionally, franchisees cannot utilize any trade name, trademark, service mark, trade dress, domain name, or other commercial symbol that suggests a connection or association with Aw.
This means that upon termination or expiration of the franchise agreement, a franchisee must completely cease using Aw's brand identity. This includes refraining from representing themselves as being affiliated with Aw in any way, shape, or form. The restrictions extend to all potential uses of the marks, ensuring a clean break between the franchisee and the Aw brand.
The franchisee must also promptly return or destroy all signs, promotional materials, and other items containing Aw's marks, as specified by Aw. They must also cancel any registrations related to the use of Aw's marks, such as fictitious or assumed name registrations. Furthermore, the franchisee is required to notify the telephone company and listing agencies about the termination of their right to use any telephone numbers and directory listings associated with Aw's marks, authorizing the transfer of these to Aw's direction. These comprehensive measures ensure that all ties to the Aw brand are severed upon termination or expiration of the franchise agreement.