Does Alloy have a federal registration for the 'STRONGER TOGETHER' trademark?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: TRADEMARKS]
| Mark | Application Date | Serial Number |
|---|---|---|
| STRONGER TOGETHER | 3/16/2020 | 88835839 |
| ALLOY YELLOW LOGO | 12/19/2024 | 98913541 |
| ALLOY YELLOW WORDMARK | 12/19/2024 | 98913545 |
[Item 13: TRADEMARKS]
We do not have a federal registration for these three trademarks. Therefore, these trademarks do not have many legal benefits and rights as a federally registered trademark. If our right to use these trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses. An application for registration on the Principal Register of the United States Patent and Trademark Office has been filed.
There are no currently effective determinations of the USPTO, Trademark Trial and Appeal Board, the Trademark Administrator of this state or any court, nor is there any pending infringement, opposition, or cancellation proceeding, nor any pending material litigation involving the Proprietary Marks which may be relevant to their use in any state.
There are no agreements currently in effect which limit our right to use or to franchise others to use the Proprietary Marks, except for (a) a Trademark Coexistence Agreement between APTS and POSAB, LLC, and (b) a Trademark License Agreement between us and APTS dated August 1, 2019.
The Trademark Coexistence Agreement between APTS and POSAB, LLC ("Trademark Coexistence Agreement") relates to certain Alloy trademarks that POSAB, LLC owns for certain
women's clothing and accessories. Given the two brand's different channels of trade and different targeted customers, the Trademark Coexistence Agreement provides that (i) POSAB, LLC's women's clothing and accessories can be offered and sold through online, catalogs and other channels of trade, but it will not market and sell its products at any athletic or fitness gyms, and (ii) APTS agreed that men's, women's and unisex athletic apparel with APTS Alloy mark can be used in our Facilities but not outside of the Facilities.
The Trademark License Agreement between us and APTS is a perpetual, non-cancelable license agreement. APTS intends to file all affidavits and to renew its registrations for the Marks when they become due.
Source: Item 13 — TRADEMARKS (FDD pages 46–48)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, Alloy does not have a federal registration for the 'STRONGER TOGETHER' trademark. However, an application for registration on the Principal Register of the United States Patent and Trademark Office has been filed. The application date for the 'STRONGER TOGETHER' mark was 3/16/2020, with a serial number of 88835839. Alloy states that because they do not have a federal registration for this trademark, it does not have as many legal benefits and rights as a federally registered trademark.
This lack of federal registration could pose risks for franchisees. Alloy indicates that if their right to use these trademarks is challenged, franchisees may have to change to an alternative trademark, potentially increasing expenses. This situation highlights the importance of trademark protection for brand identity and the potential costs associated with defending or changing a trademark.
Alloy also has agreements in place that limit their right to use or franchise others to use the Proprietary Marks, including a Trademark Coexistence Agreement between APTS and POSAB, LLC, and a Trademark License Agreement between Alloy and APTS dated August 1, 2019. The Trademark Coexistence Agreement relates to certain Alloy trademarks that POSAB, LLC owns for certain women's clothing and accessories. The Trademark License Agreement between Alloy and APTS is a perpetual, non-cancelable license agreement, and APTS intends to file all affidavits and to renew its registrations for the Marks when they become due.
Prospective franchisees should be aware of these trademark-related conditions and agreements, as they could impact the use and protection of the Alloy brand and related marks in their franchised business. It would be prudent to discuss these trademark matters further with Alloy to understand the potential implications and any associated risks.