Does Aira Fitness have any pending patent applications material to the franchise?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 14 — **PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Aira Fitness FDD, Aira Fitness applied for registration of the word mark "Aira Fitness" on August 22, 2019, and for registration of the AF logo with the words Aira Fitness on January 6, 2020. The U.S. Patent and Trademark Office has refused registration for both applications because of an existing service mark registration to a third party for the mark "Aire Fitness" for similar services. Aira Fitness is investigating whether both its marks and the Aire Fitness mark can coexist and whether they can obtain a service mark registration for their marks. At this time, the outcome is unknown.
Aira Fitness also claims common law rights to its Aira Fitness service marks (word and design marks) and other supplementary marks used from time to time in the operation of the franchise. Because Aira Fitness does not yet have a federal registration for either of these marks, these trademarks do not have as many legal benefits and rights as a federally registered trademark. If their right to use their trademark is challenged, franchisees may have to change to an alternative Mark, which may increase their expenses.
As an Aira Fitness franchisee, you must operate your Aira Fitness Business from a Pod to refer to it as a "Pod" and must receive express authorization to refer to your Aira Fitness Business as a "Private Studio". Franchisees' use of the Marks and any goodwill is to Aira Fitness' and its affiliate's exclusive benefit, and franchisees retain no rights in the Marks. Franchisees are not permitted to make any changes or substitutions of any kind in or to the use of the Marks unless Aira Fitness directs in writing. 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 franchisees must adopt the changes in the System, as if they were part of the Franchise Agreement at the time of its execution. Franchisees 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 franchisees' modification or discontinuance of any Mark.