Does Aira Fitness know of any infringing uses that could materially affect a franchisee's use of the marks?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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. We have the right to control all administrative proceedings and litigation involving the Marks. The Franchise Agreement does not require us to take affirmative action if notified of the claim. The Franchise Agreement also does not require us to participate in your defense or to indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding based on your use of the Marks, or if the proceeding is resolved unfavorably to you. If we determine that a trademark infringement action requires changes or substitutions to the Marks, you must make the changes or substitutions at your own expense.
Source: Item 13 — **TRADEMARKS (FDD pages 45–46)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, Aira Fitness states that there are no infringing uses actually known to them that could materially affect a franchisee's use of the marks. However, the FDD also states that the U.S. Patent and Trademark Office has refused registration of the "Aira Fitness" word mark and logo due to an existing service mark registration to a third party for the mark "Aire Fitness" for similar services. Aira Fitness is investigating whether both marks can coexist and whether they can obtain a service mark registration for their marks, but the outcome is currently unknown.
If there is any infringement of, or challenge to, a franchisee's use of the marks, the franchisee must immediately notify Aira Fitness, and Aira Fitness will take action that they deem appropriate. The Franchise Agreement does not require Aira Fitness to take affirmative action if notified of a claim, participate in the franchisee's defense, or indemnify the franchisee for expenses or damages if the franchisee is a party to an administrative or judicial proceeding based on the use of the marks, or if the proceeding is resolved unfavorably to the franchisee.
If Aira Fitness determines that a trademark infringement action requires changes or substitutions to the marks, the franchisee must make the changes or substitutions at their own expense. The franchisee's use of the marks and any goodwill is to Aira Fitness's and their affiliate's exclusive benefit, and the franchisee retains no rights in the marks. Aira Fitness may change the System presently identified by the marks, including the adoption of new marks, new program offerings, new equipment, or new techniques, and the franchisee must adopt the changes in the System as if they were part of the Franchise Agreement at the time of its execution. The franchisee must comply, at their cost, within a reasonable time if Aira Fitness notifies them to discontinue or modify their use of any mark. Aira Fitness will have no liability or obligation as to the franchisee's modification or discontinuance of any mark.