What is Aira Fitness doing to address the refusal of registration for its word mark and AF logo?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
ch 31, | | | | 2020 | | | | |
We applied for registration on the Principal Register of the U.S. Patent and Trademark Office of our word mark "Aira Fitness" on August 22, 2019 and for registration of ourAF logo with the words Aira Fitness on January 6, 2020, Serial No. 88747738. For both applications, the U.S. Patent and Trademark Office has refused registration based on the existence of an existing service mark registration to a third party for the mark "Aire Fitness" for similar services. We are in the process of investigating whether both our marks and the Aire Fitness mark can coexist and whether we can obtain a service mark registration for our marks. At this time, we do not know what the outcome will be.
We also claim common law rights to our Aira Fitness service marks (word and design marks) and other supplementary marks used from time to time in the operation of the franchise. We do not yet have a federal registration for either of these marks. Therefore, these trademarks do not have as many legal benefits and rights as a federally registered trademark. If our right to use our trademark is challenged, you may have to change to an alternative Mark, which may increase your expenses.
You may not refer to your Aira Fitness Business as a "Pod" unless you operate your Aira FitnessBusiness from a Pod and may not refer to your Aira Fitness Business as a "Private Studio" unless we expressly authorize you to do so.
Your use of the Marks and any goodwill is to our and our affiliate's exclusive benefit and you retain no rights in the Marks. You are not permitted to make any changes or substitutions of any kind in or to the use of the Marks unless we direct in writing. We may change the System presently identified by the Marks including the adoption of new Marks, new program offerings, new equipment or new techniques and you must adopt the changes in the System, as if they were part of the Franchise Agreement at the time of its execution. You must comply, at your cost, within a reasonable time if we notify you to discontinue or modify your use of any Mark. We will have no liability or obligation as to your modification or discontinuance of any Mark.
There are currently no effective material determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, or any pending infringement, opposition or cancellation proceeding, or any pending material litigation, involving
the Marks.
We have granted a license to our affiliate Aira Fitness LLC to use the Marks in the operation of its Aira Fitness Businesses. There are currently no agreements in effect thatsignificantly limit our rights to use or license the use of any Marks in any manner material to the franchise.There are no infringing uses actually known to us that could materially affect your use of the Marks.
If there is any infringement of, or challenge to, your use of the Marks, you must immediately notify us, and we will take action that we deem appropriate.
Source: Item 13 — **TRADEMARKS (FDD pages 45–46)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the U.S. Patent and Trademark Office refused registration of the "Aira Fitness" word mark (applied for on August 22, 2019) and the AF logo with the words Aira Fitness (applied for on January 6, 2020, Serial No. 88747738). The refusal was based on the existence of a third-party service mark registration for "Aire Fitness" for similar services. Aira Fitness is currently investigating whether its marks and the "Aire Fitness" mark can coexist and whether it can obtain a service mark registration for its marks, but the outcome is currently unknown.
Aira Fitness also claims common law rights to its Aira Fitness service marks and other supplementary marks, but these marks do not have the same legal benefits as federally registered trademarks. If the right to use the trademark is challenged, franchisees may have to change to an alternative mark, which may increase their expenses. Franchisees must also adhere to specific guidelines regarding the use of terms like "Pod" and "Private Studio" when referring to their Aira Fitness Business.
The Franchise Agreement states that Aira Fitness and its affiliates retain exclusive benefit and rights to the marks, and franchisees cannot make changes to the marks unless directed in writing. Aira Fitness may change the system identified by the marks, including adopting new marks, program offerings, equipment, or techniques, and franchisees must adopt these changes at their own cost within a reasonable time if notified to discontinue or modify the use of any mark. Aira Fitness will have no liability or obligation for any modification or discontinuance of any mark.
If there is any infringement or challenge to the use of the marks, franchisees must immediately notify Aira Fitness, which will take action as it deems appropriate. While Aira Fitness has the right to control administrative proceedings and litigation involving the marks, the Franchise Agreement does not require Aira Fitness to take affirmative action or participate in the franchisee's defense or indemnify them for expenses or damages if they are party to a proceeding based on their use of the marks. If Aira Fitness determines that a trademark infringement action requires changes to the marks, franchisees must make the changes at their own expense.