What is the scope of the license granted by Assignee/Franchisor in connection with the Assignee/Franchisor's trademark(s)/service mark(s) pursuant to a Franchise Agreement for Aw?

According to the 2025 Aw Franchise Disclosure Document, the franchisee's right to use Aw's marks, including trademarks and service marks, stems directly from the Franchise Agreement. This right is specifically tied to operating a Papa Ray's Pizza Restaurant in compliance with all standards and procedures set by Aw during the franchise term. Any unauthorized use of these marks constitutes an infringement of Aw's rights. The agreement emphasizes that all goodwill generated through the franchisee's use of the marks benefits Aw exclusively, and the franchisee doesn't gain any independent interest in the marks beyond the right to operate the restaurant under the agreement.

The franchisee is prohibited from challenging the validity or ownership of Aw's marks or taking any actions that could harm or dilute Aw's rights to those marks. The agreement states that all provisions applicable to the marks also extend to any additional trademarks, service marks, commercial symbols, designs, artwork, and logos that Aw may authorize the franchisee to use during the term of the agreement.

The franchisee must use Aw's marks as the sole identifier for their Papa Ray's Pizza Restaurant, with the exception of displaying notices identifying themselves as the independent owner operating under a franchise agreement with Aw. The franchisee cannot use or register any mark as part of a corporate or trade name or with any modifying terms without explicit authorization. They are also required to display the marks prominently in the prescribed manner, including on signs, forms, and advertising materials. Upon termination or expiration of the franchise agreement, the franchisee’s right to use the trademarks ends, and they must transfer any related telephone numbers, social media accounts, and domain names to Aw.