UKIPO Rejects GymBull Mark on Bad Faith Grounds

The UK Intellectual Property Office has refused registration of the GymBull mark following an opposition by fitness apparel company Gymshark. The applicant, an Emirati businessman, sought to register the mark for clothing and related goods. The hearing officer found bad faith, citing the applicant's earlier filings for marks such as The South Face, Upper Armour and Tommy. These were viewed as deliberate parodies of established brands, forming a pattern of conduct aimed at exploiting third-party reputations without genuine intention to use the marks in trade. The decision underscores that a series of similar applications can evidence bad faith even where individual marks differ. The opposition succeeded on section 3(6) grounds under the Trade Marks Act 1994.

Small-business owners should avoid filing marks that mimic or parody well-known brands, as registries scrutinise patterns of behaviour in bad-faith assessments.