Last Updated on September 1, 2026 by Joy Kyalo
One of the common question most business owners ask when registering a trademark in the UK is: Could customers confuse my brand with someone else brand?
A recent UKIPO decision involving Gymshark and the proposed GymBull trademark shows why that is not the only question that matters.
The UK Intellectual Property Office refused the GymBull application on bad-faith grounds, even though it did not find a likelihood of confusion between GymBull and Gymshark’s trademarks. The decision offers a useful lesson for anyone choosing and registering a new brand in the UK.
Quick Answer
The UKIPO rejected the GymBull trademark because it found the application was made in bad faith, even though GymBull was not considered confusingly similar to Gymshark. The case shows why checking a trademark before registration is important. BusinAssist can help with UK trademark searches, class selection and trademark registration, helping you identify potential issues before you invest heavily in your brand.
What Happened in the GymBull Case?
The applicant applied to register the GymBull figurative trademark for clothing products in Class 25. Gymshark opposed the application, relying on its existing trademark rights and arguing, among other things, that the application had been made in bad faith. At first, the dispute might seem fairly straightforward. Both brands operate around fitness and clothing, and both names begin with “Gym”.
However, the UKIPO did not find that consumers were likely to confuse GymBull with Gymshark. The differences between “GymBull” and “Gymshark”, including the bull imagery used in the proposed mark, were considered sufficient to avoid a likelihood of confusion. So why was the application refused? The answer was bad faith.
What Does Bad Faith Mean in Trademark Law?
Under Section 3(6) of the Trade Marks Act 1994, a trademark application can be refused if it has been made in bad faith. In simple terms, the UKIPO can look at why and how a trademark was chosen and filed, rather than simply comparing two logos or names.
This is where the GymBull case became particularly interesting. Gymshark provided evidence suggesting that the applicant had previously filed a number of trademark applications resembling established brands.
The evidence showed that, as of February 2025, the applicant had 20 pending UK trademark applications, with 15 having been opposed. The applications included marks that Gymshark argued evoked well-known brands such as Calvin Klein, Armani, Under Armour and The North Face.
The UKIPO considered this wider pattern when assessing the circumstances surrounding GymBull. That made the case much bigger than simply asking whether “GymBull” looked too similar to “Gymshark”.
Why the Parody Argument Wasn’t Enough
The applicant argued that some of its trademarks could be viewed as parodies. There is nothing automatically unlawful about creating a parody of a well-known brand. But simply describing a trademark as a parody does not make it legitimate.
In this case, the tribunal was not convinced that there was a genuine parody purpose behind GymBull. The applicant also did not provide a convincing explanation for choosing the mark or demonstrate a credible independent reason for its adoption. This is an important point for businesses: If someone challenges your brand, your creation story of brand can matter.
GymBull Wasn’t Only About Gymshark
Another interesting part of the case was the bull imagery. Gymshark argued that the branding could also bring Red Bull to mind because of the bull element. This highlights something businesses sometimes overlook: trademark clearance is not just about checking the exact spelling of a name.
A brand can create problems because of its:
- Name
- Logo
- Symbol
- Slogan
- Overall visual appearance
A name may look harmless on its own but become much more problematic when combined with particular imagery.
Confusion Isn’t the Only Trademark Risk
This is probably the biggest lesson from the GymBull decision. A business might think: “Customers won’t confuse us, so our trademark should be fine.” Not necessarily. Trademark law can also consider whether a new mark unfairly takes advantage of, or damages, the reputation of an established trademark. Bad faith provides another potential ground for refusal.
In the GymBull case, Gymshark’s reputation was also important. The UKIPO accepted that Gymshark had built a substantial reputation in the UK, supported by factors including sales, social media presence and influencer activity. So there can be a significant difference between: “Customers will think these are the same company.” and “This new brand makes customers think about the established brand.” Those are not necessarily the same thing.
What Can UK Businesses Learn?
1. Don’t rely on a basic Google search
Before applying for a trademark, businesses should properly check existing trademarks and similar brands in their relevant market.
Finding no identical name does not automatically mean the name is safe.
Thinking about registering a trademark in the UK? Before submitting your application, it is worth checking whether similar marks already exist and whether your proposed brand could face an objection. BusinAssist can help with UK trademark searches, class selection and the application process, giving businesses a more informed starting point for registration.
2. Look at the whole brand
Check the proposed name alongside the logo, graphics, wording, and overall presentation. Businesses should assess a trademark as a complete brand, not just as a word.
3. Have a genuine reason for choosing the name
This could include early designs, naming research, business plans, or records showing when you developed the brand.
4. Don’t build your brand around somebody else’s reputation
If a proposed name works mainly because it reminds people of a famous competitor, it is worth pausing to reconsider. A short-term branding idea can become a long-term legal headache.
5. Check Your Trademark Before Investing Heavily:
Changing a brand after you have printed packaging, built a website, launched advertising and gained customers can be expensive. It is usually far better to identify potential trademark problems before launch.
Protect Your Brand Before You Build It
The GymBull decision is a useful reminder that trademark registration is more than submitting an application and hoping for the best.
A sensible process starts with choosing a distinctive name, checking existing rights, reviewing the relevant trademark classes and considering whether the proposed branding could create problems with established brands.
If you’re planning to register a trademark in the UK, BusinAssist’s UK Trademark Registration service can help with trademark searches, class selection and the application process. Getting the groundwork right early can save a business from the much higher cost of changing its brand later.
Source: UKIPO, Gymshark Limited v Abdulwahed Bin Shabib Distribution, Decision O/0469/26, 2 June 2026.
Further reading: How much does it cost to Register company in UK
The BusinAssist Editorial Team has 15+ years of experience writing about small business and company formation in the UK, Canada, and the USA. We simplify complex processes and provide practical insights to help entrepreneurs succeed. Business Assist with BusinAssist – your partner for business success.