Are there any pending material litigation involving any patents or copyrights for Aira Fitness?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: **TRADEMARKS]
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 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.
If there is any infringement of, or challenge to, your use of the Marks, you must immediately notify us, and we will take action that we deem appropriate. We have the right to control all administrative proceedings and litigation involving the Marks. The Franchise Agreement does not require us to take affirmative action if notified of the claim. The Franchise Agreement also does not require us to participate in your defense or to indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding based on your use of the Marks, or if the proceeding is resolved unfavorably to you. If we determine that a trademark infringement action requires changes or substitutions to the Marks, you must make the changes or substitutions at your own expense.
Source: Item 14 — **PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 46–47)
What This Means (2025 FDD)
According to Aira Fitness's 2025 Franchise Disclosure Document, there are no pending material litigations involving the trademarks. However, Aira Fitness's word mark "Aira Fitness" and AF logo with the words Aira Fitness were refused registration by the U.S. Patent and Trademark Office based on the existence of a third party's service mark "Aire Fitness" for similar services. Aira Fitness is investigating whether their marks can coexist with the "Aire Fitness" mark and whether they can obtain a service mark registration for their marks, but the outcome is currently unknown.
Additionally, Aira Fitness claims common law rights to their Aira Fitness service marks (word and design marks) and other supplementary marks, but they do 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 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 immediately notify Aira Fitness of any infringement or challenge to your use of the Marks, 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, participate in your defense, or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding based on your use of the Marks, or if the proceeding is resolved unfavorably to you. If Aira Fitness determines that a trademark infringement action requires changes or substitutions to the Marks, you must make the changes or substitutions at your own expense. Aira Fitness retains the right to control all administrative proceedings and litigation involving the Marks.