What rules must Aw franchisees comply with when using the marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
cense the use of the Marks in any manner material to you.
Your right to use the Marks is limited by the terms and conditions of the Franchise Agreement. You must comply with our rules when you use the Marks.
You may not make any representation that any of the Marks is invalid or infringes the rights of any person or is otherwise open to any other form of attack. You may not contest or assist any other person in contesting the validity or ownership of the Marks, or take any action adverse to our and our affiliate's claimed rights in and to the Marks.
21
You must use the Marks to identify your Papa Ray's Pizza Restaurant, but you must also identify yourself as the independent owner of your Papa Ray's Pizza Restaurant. You may not use or register any Mark as part of any entity or with any prefix, suffix or other modifying words, terms, designs or symbols (except for those we license to you ) or in any modified form. You may not use any Mark in connection with the sale of any unauthorized product or service or in any other manner we have not expressly authorized in writing.
You must not obtain or register any domain names incorporating the Marks. You must not use the Marks in a website or in any other manner on the Internet without our prior written consent. You must not use any of the Marks on the Internet in any directory listing or advertising without our prior written consent. You must not make any reference to or any association with the Marks on any social media site, social network, blog, or other on-line venue or in any other manner on the Internet without our prior written consent. If any use of the Marks on the Internet is specifically permitted in the Operations Manual, you must conform your use completely to all of the applicable standards and procedures in the Operations Manual.
You must notify us immediately in writing of any apparent infringement of or challenge to your use of any Mark, or any claim by any person of any rights in any Mark or any similar mark and you may not communicate with any person other than us or our attorneys and your attorneys regarding the infringement, challenge or claim. We have sole discretion to take any action we deem appropriate and the right to exclusively control any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding or other administrative proceeding arising out of any infringement, challenge or claim to otherwise relating to any Mark. You must sign all instruments and documents, provide assistance and take any action that, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interest in any litigation, PTO proceeding, ICANN Uniform Domain Name Dispute Resolution Policy proceeding or other administrative proceeding or to otherwise protect and maintain our interest in the Marks.
We are not required to protect your use of the Marks or to defend you against a claim against your use of the Marks, although we have the right to defend the claim if we so choose to do so.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees must adhere to specific rules and guidelines when using Aw's trademarks. The Franchise Agreement dictates the terms and conditions for using the marks, and franchisees must comply with Aw's rules in their usage. Franchisees cannot represent that any of the marks are invalid or infringe on anyone's rights, nor can they contest the validity or ownership of the marks.
Aw franchisees must use the marks to identify their Papa Ray's Pizza Restaurant, while also clearly identifying themselves as the independent owners. They are prohibited from using or registering any mark as part of any entity name or with any modifications, except those licensed by Aw. The marks cannot be used in connection with unauthorized products or services or in any manner not expressly authorized in writing by Aw.
Furthermore, franchisees are not allowed to obtain or register domain names incorporating the marks. Using the marks on a website or the Internet requires Aw's prior written consent, as does using the marks in any directory listing, advertising, social media site, blog, or other online venue. If the Operations Manual specifically permits any Internet use of the marks, franchisees must strictly adhere to all applicable standards and procedures outlined in the manual. Franchisees must immediately notify Aw in writing of any apparent infringement or challenge to the use of any mark.
Aw retains sole discretion to take any action it deems appropriate regarding infringements or challenges to the marks, including controlling any litigation or proceedings. Franchisees are required to sign documents, provide assistance, and take actions deemed necessary by Aw's attorneys to protect Aw's interest in the marks. If Aw decides to modify or discontinue the use of any mark or use substitute trademarks, franchisees must comply with Aw's directions at their own expense within a reasonable time after receiving notice.