Can I Register My Fitness Regime as a Trade Mark?

George Raptis

• 14 March 2022
• 29 March 2022
• 5 min read

If you have developed a unique fitness regime, you might begin to think about protecting your intellectual property. However, you should note that a registered trade mark cannot protect a new method of working out or the order of movements in a specific fitness regime. Instead, a registered trade mark can protect the features of your fitness brand that make it distinguishable such as a name or logo. In any event, this article explains how you can protect your intellectual property in the fitness industry by using registered trade marks.

What Are Registered Trade Marks?

A registered trade mark protects the features of your brand that make it distinguishable from others in the fitness industry. This may include your fitness regime’s name, logo or slogan. For example, the name CrossFit and ZUMBA are among the many fitness regimes which enjoy protection as registered trade marks.

If IP Australia approves your application to register a trade mark, you enjoy the exclusive rights to use your trade mark concerning your fitness training services. This means that in the instance where a competitor attempts to misuse or copy your trade mark, you can prevent them from infringing on your intellectual property rights.

In this sense, a registered trade mark allows you to:

• exclusively use your trade mark while having no legal options in the instance where someone misuses your brand;
• strengthen your reputation in the fitness industry by having a registered brand identity; and
• expand your business’ commercial opportunities by licensing or selling your registered trade mark.

Before you register a trade mark, you should consider the following steps.

1. Conduct a Trade Mark Search

IP Australia is unlikely to accept your trade mark application if it is similar or identical to an existing trade mark. Although you may have chosen a unique name for your fitness regime, there is a chance that someone has already applied for or registered a trade mark that is similar or identical to that name.

For this reason, you should conduct a thorough search of the Australian Trade Mark Search. By entering your proposed trade mark into the search bar, you can get an idea of whether an identical or similar trade mark to yours already exists.

2. Select the Relevant Classes

When you apply for trade mark registration, you must specify which goods and services you want to register your trade mark in connection with. Fortunately, you can use IP Australia’s  classification search when drafting your application.

The classification search provides a searchable list with descriptions of goods and services that have been pre-approved by IP Australia. These goods and services are divided into 45 classes, with classes one to 34 containing goods and classes 35 to 45 containing services.

If your business specialises in fitness services, some trade mark classes which might be relevant include:

• class 9  for video recordings, as well as downloadable software;
• class 28 for gymnastic and sporting articles including fitness exercise machines; and
• class 41 for physical fitness training and instruction, and sporting activities.

Once you submit your application to IP Australia, you should note that you cannot add  additional trade mark classes or goods/services to your application. For this reason, you should identify the most relevant classes for your trade mark from the outset.

3. Register Your Trade Mark

There are two main application pathways when it comes to trade mark registration, namely a: 

• TM Headstart application; and
• standard application.

If you apply using the TM Headstart service, you will receive a preliminary assessment of your application. This means an examiner at IP Australia will carry out an initial assessment  of your application before you formally submit it for IP Australia’s review. Doing so can help you identify any issues within your application and make amendments accordingly.

On the other hand, a standard application does not entitle you to a pre-filing assessment. Instead, you will immediately receive a filing date for your application, and your application will enter the queue to be formally examined by IP Australia.

Key Takeaways

A registered trade mark cannot protect the order of movements in a specific fitness regime. However, it can protect the features of your fitness brand, such as your business name or logo. Our experienced trade mark lawyers can help you register a trade mark to protect your business. Call us on 1300 657 423 or complete the form on this page.

Frequently Asked Questions