Gymshark in trademark battle that threatens future of small fitness business
Summary
Gymshark and The Conditioning Club, a small fitness business in Fairford, are disputing trademark rights to the Conditioning Club name. The dispute is before the UK Intellectual Property Office, and owner John Watson says his legal costs are nearing £30,000.Key Facts
- John Watson founded The Conditioning Club, which has about 500 members, nine employees and three self-employed personal trainers.
- Watson registered The Conditioning Club name in the UK for gym and fitness services five years ago.
- Gymshark applied to register Conditioning Club and The Conditioning Club as trademarks for services including clothing, retail and entertainment.
- Watson opposed Gymshark’s application in a class covering his registered services and sought to extend his trademark to additional classes.
- Gymshark asked the UK Intellectual Property Office to invalidate Watson’s trademark, arguing that the name is too descriptive to qualify for protection.
- Gymshark’s application did not seek trademark protection for fitness and training services, but one application covers a class that overlaps with Watson’s registration because he sells branded clothing.
- Watson has raised just over £5,000 through a CrowdJustice campaign to help pay his legal costs.
- Gymshark was valued at £1.25 billion in 2020, when General Atlantic acquired a 21% stake in the company.
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