What is the filing date for the 'FLY FITNESS' mark that is pending registration?

According to Fly Fitness's 2024 Franchise Disclosure Document, the filing date for the FLY FITNESS mark is March 1, 2022. While Fly Fitness has filed for registration of the FLY FITNESS trademark on the Principal Register of the United States Patent and Trademark Office, it does not yet have a federal registration for the mark. This means that Fly Fitness does not have the same legal benefits and rights as a federally registered trademark.

As a prospective franchisee, this is an important consideration because if Fly Fitness's right to use the FLY FITNESS trademark is challenged, franchisees may be required to change to an alternative trademark, potentially increasing expenses. Fly Fitness retains the right to substitute different marks if they can no longer use the current mark or if they determine that a substitution would benefit the system. In such cases, franchisees may be required to modify or stop using any mark, including the Principal Marks, at their own expense.

Fly Fitness states that there are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeals Board, the Trademark Administration of any state, or any court relating to the Marks. Additionally, there is no pending infringement, opposition, or cancellation, and no pending material federal or state court litigation involving the Principal Marks or other of their trademarks. Fly Fitness also indicates that there are no currently effective agreements that significantly limit their rights to use or license the use of the Principal Marks or other of their trademarks in a manner material to the franchise, and they are not aware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the Principal Marks.