SHOULD’VE GONE TO MASHAM – TRADE MARKS PART 2

SHOULD’VE GONE TO MASHAM – TRADE MARKS PART 2

In my most recent blog, link here, I referred to the recent registration of the Specsavers Trade marks, Shouldve and Should’ve.

And not without a degree of bewilderment.

But also, with fulsome praise for Leeds Trade Mark Attorneys HGF LLP who have successfully registered those Marks, in spite of their being what most non-lawyers would consider to be words that are in the dictionaries, in the English Language, and which therefore “belong” to all of us.

As an example of how outrageous some might find the Trade Marks, I wrote in a spirit of what I thought was facetiousness, – “What next? Will Theakston’s Brewery now Trade Mark the word “MASHAM”?” And I added – “You tell me”.

And so, within moments of publishing, I have received a message from Robert Cumming, another excellent Trade Mark Attorney who is a Partner with Appleyard Lees of Leeds.

He wrote “You shouldve just asked me directly Chris: Theakston’s registered MASHAM as a UK trade mark in 1991. “

And he gave me the link – https://www.ipo.gov.uk/tmcase/Results/4/EU000192476

Blimey. I mean to say!

So I have been playing a game with the Government “Find a Trademark” Website. The link is here  give it a go.

I thought, if Theakston’s have got MASHAM, how about MELTON MOWBRAY, for the pies. See a certain insight into my priorities here?  Anyway, someone may be missing a trick, since I can see that the town itself is not [yet] registered as a Piemaker’s trademark.

On your marks, Trade Mark Attorneys of Leeds – Just Do It . Link here

[oops, tm NIKE].

So whilst I shall be leaving the actual advice on creation and design of your commercial Trade Mark to the experts, when it comes to registering them around the World – give me a call.

As always, whenever you require any help with Notarisations and foreign legal documents, please do not hesitate to contact me or Christopher Atkinson here at AtkinsonNotary [0113 816 0116 or notary@atkinsonnotary.com] where we shall be more than happy to assist further.

Shouldve registered your trademark?

Shouldve registered your trademark?

Imagine that your local Optician Mr Robinson were to have a marketing campaign using a poster showing a shepherd shearing the coat from his shaggy collie dog, among a group of bemused looking sheep, with the tag-line “He shouldve gone to Robinsons”.

I expect you would immediately think – that’s a bit of a liberty, using the Specsavers idea.

But does that mean that Specsavers actually own the words “shouldve” and “should’ve”?

If someone asks you whether you would like a drink and you answer “Probably” – what are you asking for? A Carlsberg, probably.

This week in legal circles there is a bit of a discussion about Specsavers who have, subject to objections, been allowed English registration of the trademarks “SHOULDVE” and “SHOULD’VE”.

Here is the link to the IPO site.

So it would seem that the use of the trademarked works above is now proscribed. One might imagine an English seaside cafe owner selling his fish and chips in cartons printed “Spanish Tummy? Shouldve come to Blackpool”.

Best not do that now, not any more, if they want to avoid a letter from HGF LLP. In future, the words must be SHOULD HAVE, or trouble awaits.

There is a degree of surprise in all this, after all, they are just English words? So does this mean that Theakston’s can register the word “Masham” as a trademark? You tell me.

I note that my Google spell-checker rejects “shouldve” as a word, but it does find “should’ve” to be acceptable dictionary English.

What do you think? You have a few weeks to object direct to the IPO [Intellectual Property Office] if you feel strongly.

What do I think? Not particularly bothered really, but a bit lost in admiration for the trademark lawyers HGF LLP [of Leeds]. I wonder, did they actually expect the registration application to succeed? They won’t be answering that I imagine, so I shouldve known better than to ask.

Only one possible song for this week then – Link here

As always, whenever you require any help with Notarisations and foreign legal documents, please do not hesitate to contact me or Christopher Atkinson here at AtkinsonNotary [0113 816 0116 or notary@atkinsonnotary.com] where we shall be more than happy to assist further.