What are the Principal Marks associated with Fly Fitness for which Licensor has filed for registration?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
egister 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.
Source: Item 13 — TRADEMARKS (FDD pages 31–32)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the franchisor, A Fitness Revolution, LLC, has filed for registration of several marks on the Principal Register of the United States Patent and Trademark Office (USPTO). These marks are crucial for franchisees as they represent the brand under which they will operate their Fly Fitness outlet. The Franchise Agreement grants franchisees the right to use these trademarks.
The FDD lists specific marks along with their serial numbers, filing dates, and registration status. The mark 'FLY FITNESS' has serial number 97289129 and a filing date of March 1, 2022 and is registered as a Principal mark. Additionally, the marks 'FLY METHOD' and 'WINGS OUT' are registered on the Principal Register with registration numbers 5968947 and 5800478, respectively. 'FLY METHOD' was registered on January 21, 2020, while 'WINGS OUT' was registered on July 9, 2019.
It is important to note that while Fly Fitness has filed for registration of the 'FLY FITNESS' mark, the FDD also states that they do not have a federal registration for it. This means the 'FLY FITNESS' mark may not have as many legal benefits and rights as a federally registered trademark. If the right to use any of these trademarks is challenged, franchisees 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 franchisees, at their expense, to modify or stop using any Mark, including the Principal Marks, or to use one or more additional or substitute Marks.
Prospective franchisees should be aware of these trademark details, as any challenges or changes to the marks could impact their business operations and costs. It is advisable to discuss the status and potential risks associated with these trademarks with Fly Fitness before entering into a Franchise Agreement. Franchisees must also notify Fly Fitness immediately if they learn about an infringement of or challenge to their use of the Principal Marks or other trademarks.