Owner's Thoughts:

The Conditioning Club is in a battle for its name.

It doesn’t feel fair to me that a company like Gymshark can use its size and deep pockets to muscle in on our name “The Conditioning Club”. The legal work to defend these cases already runs well into five figures, and there is more to come. To hold on to the rights we have spent blood, sweat and tears building up since 2021. This affects how much we can reinvest in our members, community and growth.

I would have thought Ben and the Gymshark team would be keen to help a business like ours, and to come to a sensible arrangement leaving my company free to trade under our name, and that would see Gymshark able to realise its ambitions under its own name.  

I had previously looked to Ben and Gymshark as an example of what a small UK fitness related business can achieve. They are a true example of the potential a business can have in the fitness industry.

The Story:

The Conditioning Club (TCC) was founded by John Watson (33) in April 2021 and opened its doors on 10 July that year. Its founder applied on 19 April 2021 to register “The Conditioning Club” as a UK trademark in Class 41, covering gym and fitness services, before the gym had opened; the mark (UK00003628512) was registered on 19 November 2021.

Since then, TCC has grown from a start-up independent gym into an established local business, building a loyal membership, moving into larger premises, employing staff and working with local schools, sports clubs and other organisations.

Four years later, in March 2025, Gymshark applied for the trademark for “Conditioning Club” and “The Conditioning Club”. The Gymshark application (UK00004182082) covers clothing, retail services and entertainment services, under the same name that TCC had registered in 2021.

A dispute subsequently commenced before the UK Intellectual Property Office (UKIPO). TCC opposed Gymshark's application and Gymshark applied to have TCC's existing registered trademark cancelled and opposed TCC's more recent application to register the name for clothing and retail services.

As part of its challenge, Gymshark argues that The Conditioning Club is descriptive and should not have been registered as a trademark.

TCC says the consequences for a small independent business are enormous.

Owner's Call to action:

I am trying to raise funds to pay for legal costs. I am already well into five figures in legal fees defending these proceedings.

What is the next step in the case: 

We have submitted evidence to the IPO. The cases now move through the remaining stages of the IPO process before they are decided. We want to be able to stand up for our rights and keep the name we have built on the UK register. We will post updates here as the cases progress.

How much we are raising and why:

With legal costs being hundreds of pounds per hour, this is the biggest barrier for any small business. If we lose, we can also be ordered to contribute to Gymshark's legal costs. That risk is exactly why so many small companies never stand up for their name. We aim to raise £20,000 - £30,000 so we can continue to fight to maintain our rights. Every pound raised goes to the legal costs of these proceedings. What are small businesses supposed to do if registering a trademark, trading under it for years and building a reputation around it still doesn't protect them when a vastly larger company decides it wants to use the same name?

Please back us if you can, and please share this page; it all helps. Thank you for taking the time to read this.

We do not receive any of the donations... this goes straight to our legal representative company.