What are the potential consequences if Aira Fitness's right to use its trademark is challenged?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
derally 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.
Source: Item 13 — **TRADEMARKS (FDD pages 45–46)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, if the right to use their trademark is challenged, franchisees may have to change to an alternative mark, which may increase their expenses. Aira Fitness is currently in the process of investigating whether their marks and the "Aire Fitness" mark can coexist and whether they can obtain a service mark registration for their marks. At this time, they do not know what the outcome will be.
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 the claim. The Franchise Agreement also does not require Aira Fitness to participate in the franchisee's defense or to indemnify the franchisee for expenses or damages if they are a party to an administrative or judicial proceeding based on their use of the Marks, or if the proceeding is resolved unfavorably to them.
Furthermore, 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. This could involve rebranding efforts, new signage, and marketing materials, all of which would add to the financial burden of the franchise. 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 the franchisee's modification or discontinuance of any Mark.