Specsavers attempts to trademark the word ‘should’ve’

I SUPPOSE we ‘should’ve’ seen it coming.

Specsavers has won the first round in an attempt to trademark the word to protect its advertising slogan ‘Should’ve gone to Specsavers’.

A trademark application has been deemed valid and received initial approval from the UK’s Intellectual Property Office.

If successful, other companies would not be allowed any similar form of words in their marketing.

The optician has built its entire marketing strategy around the slogan with commercials playing on the idea that those with failing sight could have avoided difficult and embarrassing situations if they had used Specsavers.

Most recently, John Cleese played out a variant of a famous sketch from Fawlty Towers which resulted in him thrashing a police car with a branch.

Rivals have until October 12 to make objections to the trademark claim.

The IPO said applications for trademarks on common words could be made where they were

‘Make life difficult for rivals’

linked to a company through ‘use or association’.

Other firms have successfully mounted similar trademark claims over common words.

In the past, McDonald’s has trademarked the phrase ‘I’m lovin’ it’, and Nestle has done the same for ‘Have a Break’ for its Kit Kat biscuits.

Carlsberg also secured exclusive use of the word ‘probably’, but this protection only covers companies promoting beer.

Trademark lawyer Tania Clark from Withers & Rogers described the fact Specsavers has won initial approval as ‘astonishing’.

She said: ‘It is surprising the Office has accepted this trademark for a single word, which is a verb in common usage.

‘While such registrations are not impossible to obtain, it means that the retailer could soon have the right to exclude others from using “should’ve” when communicating about certain classes of goods, including optician services, medical hearing aids and eyewear.

‘This monopoly right could make life extremely difficult for rivals.’