Trademarking a Catch Phrase

UK based company Specsavers, is seeking to have the catch phrases “should’ve” and “should’ve” approved by the UK IPO (intellectual Property Office). The phrase which the company uses in its adverts is “should’ve gone to Specsavers”.

Once approved (the opposition period is open until the 12^th October), the trademark of Specsavers would mean that no other company may make use of those words in their marketing. Although it is generally difficult to trademark names and words which are commonly used, it is said that applications for trademarks of common words, but which are directly associated with a specific company may be made/ allowed.

Other companies which have successfully secured trademarks/ slogans which are made up of common words are Macdonald’s “I’m lovin’ it” and Nestle’s “have a Break” in respect of the KitKat. The same applies for Carlsberg’s “Probably the Best Beer in the World”.

The difference in this case is that for example, Carlsberg is only limited to beer and alcohol products, while the application for Specsavers is broader.

Specsavers have a history on actively protecting their intellectual property rights, as on 2014 the company won an appeal which finally allowed it to use the oval shaped specs in its logo.

What is a trademark?

In today’s highly competitive markets, it is important for companies to distinguish themselves from their many competitors. The simplest way to achieve this is through a distinct trade name. This name can then be further registered as a trademark in order to ensure that nobody else can use this name. That name can then be placed on products so that consumers can identify the source of the product. A strong trademark will lead to a consumer choosing that product out of trust towards the quality of products made by the company that owns the trademark.

A trademark in Malta is protected under the Chapter 416 - Trademarks Act. This provides for the protection of trademarks attached to both goods and services.

Once registered, the trademark will be valid in Malta for a period of ten years and can be renewed for further periods of ten years.