Are there any pending infringement, opposition, or cancellation proceedings concerning the Fly To Fit trademarks?

According to Fly To Fit's 2024 Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings concerning their trademarks. The FDD states that there are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court regarding their trademarks. Additionally, there is no pending material federal or state court litigation regarding Fly To Fit's use or ownership rights in a trademark.

However, it is important to note that Fly To Fit does not have a federal registration for their principal trademark. As a result, their trademark does not have as many legal benefits and rights as a federally registered trademark. The FDD indicates that an application for registration on the Principal Register of the United States Patent and Trademark Office has been filed. If Fly To Fit's right to use the trademark is challenged, franchisees may have to change to an alternative trademark, which may increase their expenses.

Fly To Fit's owner, Tina Murphy, owns the trademarks, and Fly To Fit has been granted the exclusive right to sublicense the trademarks to franchisees throughout the United States under an Intercompany License Agreement. This agreement is of perpetual duration and can only be modified by mutual consent. It can be canceled only if Fly To Fit materially misuses the trademarks and fails to correct the misuse, or if Fly To Fit discontinues commercial use of the trademarks for a continuous period of more than one year. The agreement specifies that if it is ever terminated, the franchisee's rights will remain unaffected.

Fly To Fit states that they will defend franchisees (at their expense) against any legal action by a third party alleging infringement by the franchisee's use of the trademark, and they will indemnify franchisees for expenses and damages if the legal action is resolved unfavorably to them, provided the franchisee uses the trademarks in accordance with the franchise agreement. However, Fly To Fit may require franchisees to modify or discontinue using a trademark at the franchisee's expense.