Are there any currently effective material determinations by the PTO involving the Aw marks, other than the cancellation proceeding?

According to Aw's 2025 Franchise Disclosure Document, besides a cancellation proceeding, there are no other currently effective material determinations by the PTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court involving the Aw marks. Additionally, there are no pending infringement, opposition, or cancellation proceedings or material litigation involving the marks. The document also states that there are no agreements currently in effect that significantly limit Aw's right to use or license the use of the marks in any manner material to a prospective franchisee.

This statement provides some reassurance to potential Aw franchisees that there are no known legal challenges or limitations that would prevent them from using the Aw trademarks. However, it is important to note that this only reflects the situation as of the date of the FDD. Trademark disputes can arise at any time, and Aw franchisees should remain vigilant about protecting the brand's trademarks and reporting any potential infringements to Aw.

It is also important to understand that Aw does not have a federal registration for its principal trademark. As the FDD states, this means that the trademark does not have as many legal benefits and rights as a federally registered trademark. If Aw's right to use the trademark is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses. This is a risk that prospective franchisees should carefully consider before investing in an Aw franchise.