Gymshark Applies to Trademark 'Conditioning Club' Names as Gym Founder Opposes
Gymshark, the activewear company founded by Ben Francis in 2012, has applied to register "Conditioning Club" and "The Conditioning Club" as trademarks, according to The Guardian. A trademark is an official registration of a name or logo for particular goods or services. The dispute centres on a small gym that already uses the name.
The Conditioning Club is a gym and fitness business on an industrial estate in Fairford, Gloucestershire. It was founded by John Watson, who registered the name with the UK Intellectual Property Office, the body that handles trademarks in Britain, for gym and fitness services five years ago. According to The Guardian, the business has nine staff and three self-employed personal trainers, serving about 500 members.
Gymshark's applications cover classes including clothing, retail and entertainment services. They do not cover fitness and training services, the area in which Watson's business operates. Watson has opposed the application in the class he registered to protect his brand.
Gymshark has also applied to the UK Intellectual Property Office to invalidate Watson's trademark. The company argues that The Conditioning Club name is descriptive and not distinctive enough, meaning it describes a service rather than identifying one particular business. Gymshark already holds several trademark registrations for the "Lifting Club" brand.
Gymshark's move follows a 2020 deal in which the US private equity firm General Atlantic bought a 21% stake in the company.
The fight is expensive for the gym's owner. Watson's legal costs are climbing towards £30,000. To help fund his defence, he launched a crowdfunding campaign on CrowdJustice, which has raised just over £5,000.
