Does Aira Fitness have any registered patents material to the franchise?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: **TRADEMARKS]
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.
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.
Source: Item 14 — **PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 46–47)
What This Means (2025 FDD)
The 2025 Aira Fitness FDD does not explicitly state that Aira Fitness owns any registered patents material to the franchise. However, Aira Fitness has applied for registration of its "Aira Fitness" word mark on August 22, 2019, and its AF logo with the words Aira Fitness on January 6, 2020. The U.S. Patent and Trademark Office has refused registration for both applications due to an existing service mark registration for "Aire Fitness" for similar services. Aira Fitness is investigating whether both its marks and the Aire Fitness mark can coexist and whether it can obtain a service mark registration for its marks. The outcome is currently unknown.
Aira Fitness also claims common law rights to its Aira Fitness service marks and other supplementary marks but 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 the right to use their trademark is challenged, franchisees may have to change to an alternative Mark, which may increase expenses.
According to the document, 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. Aira Fitness has granted a license to its affiliate Aira Fitness LLC to use the Marks in the operation of its Aira Fitness Businesses. There are currently no agreements in effect that significantly limit their 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 them that could materially affect a franchisee's use of the Marks.