‘Should’ve’ Protected Your Trade Mark …

… Specsavers did!

The well-known opticians Specsavers’ made an application to the Intellectual Property Office (IPO) in July to safeguard its wording “should’ve” used in its famous slogan “should’ve gone to Specsavers”.  The IPO has published its application and third parties now have until 12th October to object.

The catchphrase “should’ve gone to Specsavers” is well-known to Specsavers and the application will mean that other companies will not be able to use the word “should’ve” in their marketing campaigns should it be registered.

The IPO has accepted the trademark for the single word “should’ve” and although unusual, Specsavers are not the only company to trademark a single word.  Carlsberg successfully registered the word “probably” in its slogan “probably the best lager in the world”, however it took Carlsberg over a year to secure this word. Other companies such as McDonald’s and Nestle have safeguarded trademarks on the phrases used in the marketing material.

Specsavers have a history for protecting it’s branding, winning a six year dispute against Asda in 2014 for preventing the supermarket from using a logo that was said to be similar to its own.

The application made by Specsavers could open the door in the future to other companies wishing to obtain registration for a single word to use in their advertising slogans and just highlighted that businesses should think beyond their name and logos when protecting its trade marks. .

For more information on trade marks, how to protect your brand or for advice on intellectual property in general contact John Pickervance, Associate Solicitor within the Corporate and Restructuring department by email john.pickervance@forbessolicitors.co.uk or phone 0800 321 3258.  Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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