What is the registration status of the Fly Fitness 'FLY FITNESS' mark?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
censor 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.
Source: Item 13 — TRADEMARKS (FDD pages 31–32)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the 'FLY FITNESS' mark does not currently have a federal registration. The document indicates that Fly Fitness has filed for registration of the FLY FITNESS trademark, with a filing date of March 1, 2022, and serial number 97289129, on the Principal Register. However, because the mark is not federally registered, it lacks the full legal benefits and rights associated with a federally registered trademark.
This lack of federal registration means that Fly Fitness has less legal protection for the 'FLY FITNESS' mark. If another business starts using a similar name or logo, Fly Fitness may have a more difficult time preventing them from doing so. The FDD also states that if the right to use the trademark is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses.
Fly Fitness does have some registered marks, including 'FLY METHOD' (registered January 21, 2020, Registration Number 5968947) and 'WINGS OUT' (registered July 9, 2019, Registration Number 5800478), both on the Principal Register. However, the primary brand name 'FLY FITNESS' is still pending registration. Prospective franchisees should be aware of the risks associated with using a trademark that is not yet federally registered, and should inquire about the current status of the registration and any potential challenges to the mark.
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 a case, Fly Fitness may require franchisees to modify or stop using any mark, including the principal marks, or to use one or more additional or substitute marks, and the franchisee would bear the expense of doing so.