Is an Aira Fitness franchisee required to comply with all trademark notice marking requirements?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
You must comply with all trademark, trade name and service mark notice marking requirements.
You may use the Marks only in association with services and products approved by us and that meet our standards or requirements with respect to quality, safety and performance.
You must refrain, and cause each Covered Person (as defined in Section 10.D.1) and each of your employees and independent contractors to refrain from making or publishing any remarks that disparage or derogate us or the AIRA FITNESS brand.
This prohibition applies to oral remarks and remarks that are published in print, electronic, and social media.
Your use of the Marks on the internet is governed by Section 6.L below.
A breach of your obligations under this Section 3.B is a material default under this Agreement.
- C.
Aira Fitness Business Identification.
You must use the name "AIRA FITNESS" as the trade name of the Aira Fitness Business and you may not use any other mark or words to identify the Aira Fitness Business without our prior written consent.
You may not use the words "AIRA" or "AIRA FITNESS" or any of the other Marks as part of the name of your corporation, partnership, limited liability company or other similar entity.
You may use the Marks on various materials, such as business cards, stationery and checks, provided you (i) accurately depict the Marks on the materials, (ii) include a statement on the materials indicating that the business is independently owned and operated by you, (iii) do not use the Marks in connection with any other trademarks, trade names or service marks unless we specifically approve in writing prior to such use, and (iv) make available to us, upon our request, a copy of any materials depicting the Marks.
You must post a prominentsign in the Aira Fitness Businessidentifying you as an Aira FITNESS franchisee in a format we deem reasonably acceptable, including an acknowledgment that you independently own and operate the Aira Fitness Business and that the AIRA FITNESS Mark is owned by us and your use is under a license we have issued to you.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, franchisees must comply with all trademark, trade name, and service mark notice marking requirements. This means that when using Aira Fitness's trademarks, franchisees must adhere to the specific guidelines and legal requirements for displaying the marks, ensuring proper notice of trademark ownership. This is a standard practice in franchising, as it protects the brand's intellectual property and ensures consistent brand representation.
The FDD also states that franchisees may only use the Aira Fitness marks in association with services and products approved by Aira Fitness and that meet their standards for quality, safety, and performance. This ensures that the brand's reputation is maintained and that all products and services offered under the Aira Fitness name meet the franchisor's expectations. Franchisees must also refrain from making any disparaging remarks about Aira Fitness or the brand in any form of media, which further protects the brand's image.
Furthermore, franchisees must use "AIRA FITNESS" as the trade name of their Aira Fitness Business and cannot use any other mark or words to identify the business without prior written consent. While franchisees can use the marks on materials like business cards and stationery, they must accurately depict the marks, include a statement indicating independent ownership, and avoid using the marks in conjunction with other trademarks without written approval. They must also post a sign identifying themselves as an Aira Fitness franchisee, acknowledging that the Aira Fitness mark is owned by the franchisor and used under license. These requirements are designed to maintain brand consistency and protect Aira Fitness's trademarks.