What is the serial number for the 'FLY FITNESS' mark that is pending registration?

According to Fly Fitness's 2024 Franchise Disclosure Document, the serial number for the 'FLY FITNESS' mark is 97289129. Fly Fitness has filed for registration of this mark on the Principal Register of the United States Patent and Trademark Office (USPTO). The filing date for the 'FLY FITNESS' mark was March 1, 2022, and it is currently under Principal review.

It is important to note that Fly Fitness does not yet have a federal registration for the 'FLY FITNESS' mark. This means that the mark does not have the full legal benefits and rights of a federally registered trademark. If the right to use the trademark is challenged, franchisees may need to switch to an alternative trademark, which could increase their expenses. Fly Fitness reserves 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.

Prospective franchisees should be aware of the risks associated with using a trademark that is not yet federally registered. While Fly Fitness states that they know of no superior prior rights or infringing uses that could materially affect a franchisee's use of the Principal Marks, the lack of federal registration leaves the trademark more vulnerable to legal challenges. Franchisees are obligated to notify Fly Fitness immediately if they learn of any infringement or challenge to their use of the Principal Marks. Fly Fitness will then take action as they deem appropriate and will indemnify franchisees for expenses and damages arising from any claim challenging their authorized use of the Principal Marks, provided that the franchisee has given timely notice and is in full compliance with the Franchise Agreement.