Who owns the Fly Fitness trademarks and grants the right to use them?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Fitness products or services through Alternate Distribution Channels.
ITEM 13: TRADEMARKS
Fly | A Fitness Revolution, LLC, or its successor, ("Licensor") is the owner of the Marks and has granted us the exclusive right to use the Marks and license to others the right to use the Marks in the operation of a Fly Fitness outlet in accordance with the System. The Franchise Agreement will license to you the right to operate your Franchised Business under the Fly Fitness trademarks, for which Licensor has filed for registration on the Principal Register of the United States Patent and Trademark Office, as described below ("Principal Marks"):
| Mark | Registration Number | Registration Date | Register | |---|---|---|---| | FLY METHOD | 5968947 | January 21, 2020 | Principal | | WINGS OUT | 5800478 | July 9. 2019 | Principal | Licensor has applied for registration of the following Mark on the Principal Register of the USPTO:
| Mark | Serial Number | Filing Date | Register | |---|---|---|---| | FLY FITNESS | 97289129 | March 1, 2022 | Principal | With regards to the FLY FITNESS mark, we do not have a federal registration. Therefore, our FLY FITNESS mark does not have many legal benefits and rights as a federally registered trademark. If our right to use any of these trademarks is challenged, you may have to change to an alternative trademark, which may increase your expenses.
You must notify us immediately when you learn about an infringement of or challenge to your use of the Principal Marks or other trademarks. Licensor and we will take any action we think appropriate and, if you have given us timely notice and are in full compliance with the Franchise Agreement, we will indemnify you for all expenses and damages arising from any claim challenging your authorized use of the Principal Marks or other trademarks. Licensor and we have the right to control any administrative proceedings or litigation involving the Principal Marks or other trademarkslicensed by us to you. You must cooperate fully with Licensor and us in defending and/or settling the litigation.
We reserve the right to substitute different Marks if we can no longer use the current Mark, or if we determine that substitution of different Marks will be beneficial to the System.
Source: Item 13 — TRADEMARKS (FDD pages 31–32)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, Fly | A Fitness Revolution, LLC, or its successor, referred to as "Licensor", owns the Fly Fitness trademarks. This Licensor grants Fly Fitness the exclusive right to use these marks and to license them to others for operating a Fly Fitness outlet under the Fly Fitness system.
The Franchise Agreement licenses the franchisee the right to operate their franchised business using the Fly Fitness trademarks. The Licensor has filed for registration of these trademarks, referred to as "Principal Marks", with the United States Patent and Trademark Office. One such mark is FLY FITNESS, for which a serial number (97289129) and filing date (March 1, 2022) are listed, with the register listed as Principal.
Fly Fitness also states that they do not have a federal registration for the FLY FITNESS mark. Therefore, this mark does not have as many legal benefits and rights as a federally registered trademark. If the right to use any of these trademarks is challenged, the franchisee may have to change to an alternative trademark, which may increase their expenses. Fly Fitness retains the right to substitute different Marks if they can no longer use the current Mark, or if they determine that substitution of different Marks will be beneficial to the System. In such event, they may require the franchisee, at their expense, to modify or stop using any Mark, including the Principal Marks, or to use one or more additional or substitute Marks.
The franchisee must not directly or indirectly contest Licensor's right, or Fly Fitness's right, to the Principal Marks or other trademarks. The franchisee must notify Fly Fitness immediately when they learn about an infringement of or challenge to their use of the Principal Marks or other trademarks. Licensor and Fly Fitness will take any action they think appropriate and, if the franchisee has given them timely notice and are in full compliance with the Franchise Agreement, they will indemnify the franchisee for all expenses and damages arising from any claim challenging their authorized use of the Principal Marks or other trademarks.