Are there any agreements that significantly limit Aw's right to use or license the use of the marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
Other than as described above, there are no currently effective material determinations of the PTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court, nor are there any pending infringement, opposition or cancellation proceedings or material litigation involving the Marks. There are no agreements currently in effect that significantly limit our right to use or license the use of the Marks in any manner material to you.
Source: Item 13 — TRADEMARKS (FDD pages 30–32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, there are currently no agreements in effect that significantly limit Aw's right to use or license the use of its trademarks in any manner material to a prospective franchisee. However, the FDD does state that Aw's affiliate, Papa Ray's Pizza 1, Inc., had its service mark registration for "Papa Ray's Pizza & Wings" and an associated logo canceled by the PTO in 2013 due to a cancellation proceeding initiated by U.S.A. Famous Original Ray's Licensing Corp.
The cancellation of the trademark registration means that Aw does not have a federal registration for its principal trademark, which carries fewer legal benefits and rights than a federally registered trademark. If Aw's right to use the trademark is challenged, franchisees may have to change to an alternative trademark, potentially increasing their expenses.
The document specifies that the mark Famous Original Ray's Pizza, owned by U.S.A Famous Original Ray's Licensing Corp., is currently only in use in New York, and Aw does not intend to offer or sell franchises in New York. This suggests that the risk of trademark conflict may be geographically limited, but franchisees should still be aware of the potential need to change trademarks and the associated costs if a challenge arises.