What is the serial number for Aira Fitness's application for registration of the AF logo with the words Aira Fitness?
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.
Source: Item 13 — **TRADEMARKS (FDD pages 45–46)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, the serial number for the trademark application of the AF logo with the words Aira Fitness is 88747738. The application was filed on January 6, 2020. However, the U.S. Patent and Trademark Office has refused registration due to an existing service mark registration held by a third party for "Aire Fitness" for similar services. Aira Fitness is currently investigating whether the marks can coexist and if they can obtain a service mark registration. The outcome is currently unknown.
This situation presents a potential risk for prospective Aira Fitness franchisees. Because the trademark registration is not yet secured, there is a possibility that Aira Fitness may be required to change its branding, which could lead to additional expenses for franchisees who would need to update signage, marketing materials, and other branded items. This is a fairly common risk in franchising, as trademark disputes can arise even after a franchise system has been operating for some time.
It is important to note that Aira Fitness also claims common law rights to its service marks, but these rights do not offer the same legal protection as a federal registration. The FDD states that franchisees must immediately notify Aira Fitness of any infringement or challenges to the use of the marks, and Aira Fitness has the right to control any related administrative proceedings or litigation. However, the Franchise Agreement does not obligate Aira Fitness to defend or indemnify franchisees in such cases, meaning franchisees could bear the costs of changes or substitutions to the marks if required due to infringement issues.
Prospective franchisees should carefully consider these trademark-related risks and discuss them with Aira Fitness before investing in a franchise. Understanding the potential costs and implications of a trademark dispute is crucial for making an informed decision.