On what date did Aira Fitness apply for registration of the 'Aira Fitness' word mark?

According to Aira Fitness's 2025 Franchise Disclosure Document, the company applied for registration of its "Aira Fitness" word mark on August 22, 2019. The application was made to the Principal Register of the U.S. Patent and Trademark Office. However, the U.S. Patent and Trademark Office has refused the registration because of an existing service mark registration held by a third party for the mark "Aire Fitness," which provides similar services. Aira Fitness is currently investigating whether both its marks and the "Aire Fitness" mark can coexist and whether it can obtain a service mark registration for its marks.

For a prospective franchisee, this means there is a risk that Aira Fitness may not be able to secure federal registration for its primary trademark. Without federal registration, the trademark has fewer legal protections. If Aira Fitness's right to use the trademark is challenged, franchisees may be required to change to an alternative mark, which could increase their expenses.

Aira Fitness also claims common law rights to its service marks, including word and design marks, even without federal registration. The Franchise Agreement stipulates that franchisees cannot refer to their business as a "Pod" or "Private Studio" unless specifically authorized. Aira Fitness retains exclusive benefit and goodwill of the marks, and franchisees are not permitted to make any changes to the marks unless directed in writing. Aira Fitness may change the system identified by the marks, including adopting new marks, and franchisees must adopt these changes at their own cost.