What specific service mark does Aira Fitness license franchisees to use?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
ITEM 13 TRADEMARKS
The Franchise Agreement licenses you to use the "Aira Fitness" service mark and associated logos, as well as other trademarks,service marks, trade names and commercialsymbols. We have obtained a registration for our logo on the Principal Register of the U.S. Patent and Trademark Office:
| Service Mark | Registration Number | Date of Registration |
|---|---|---|
| 6023134 | March 31, | |
| 2020 | ||
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.
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.
Source: Item 13 — **TRADEMARKS (FDD pages 45–46)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, franchisees are licensed to use the "Aira Fitness" service mark and associated logos, along with other trademarks, service marks, trade names, and commercial symbols. Aira Fitness has obtained a registration for its logo on the Principal Register of the U.S. Patent and Trademark Office. The document also mentions that Aira Fitness applied for registration of its word mark "Aira Fitness" on August 22, 2019, and for its AF logo with the words Aira Fitness on January 6, 2020. However, the U.S. Patent and Trademark Office has refused registration for both applications due to an existing service mark registration held by a third party for the mark "Aire Fitness" for similar services. Aira Fitness is currently investigating whether both its marks and the Aire Fitness mark can coexist and whether it can obtain a service mark registration for its marks.
While Aira Fitness claims common law rights to its Aira Fitness service marks (word and design marks) and other supplementary marks, it does not yet have a federal registration for either of these marks. This means that these trademarks do not have as many legal benefits and rights as a federally registered trademark. If the right to use the trademark is challenged, franchisees may have to change to an alternative mark, which may increase their expenses. Franchisees are also restricted from referring to their Aira Fitness Business as a "Pod" or a "Private Studio" unless specifically authorized by Aira Fitness.
The FDD indicates that the franchisee's use of the marks and any associated goodwill benefits Aira Fitness exclusively, and franchisees retain no rights in the marks. Aira Fitness reserves the right to change the system identified by the marks, including adopting new marks, program offerings, equipment, or techniques, and franchisees must adopt these changes as if they were part of the Franchise Agreement. Franchisees are obligated to comply with any notification to discontinue or modify their use of any mark at their own cost, and Aira Fitness bears no liability for such modifications or discontinuances.
If there is any infringement of, or challenge to, the franchisee's use of the marks, the franchisee must immediately notify Aira Fitness, which will then take action it deems appropriate. Aira Fitness has the right to control all administrative proceedings and litigation involving the marks. However, the Franchise Agreement does not require Aira Fitness to take affirmative action or participate in the franchisee's defense or indemnify them for expenses or damages if they are party to a proceeding based on their use of the marks. If Aira Fitness determines that a trademark infringement action requires changes to the marks, the franchisee must make these changes at their own expense.