Should've seen that coming: Nine more trademarked words we can't now use (probably)

Yorkshire cricket umpire Dickie Bird tries out the frames at Specsavers

MORE BRANDS will attempt to 'own' commonly-used words in the wake of Specsavers' application to trademark 'should've' and 'shouldve', an expert has predicted.

The high street optician’s application to trademark the two terms in order to safeguard its slogan “Should’ve gone to Specsavers” has been deemed valid by the Intellectual Property Office (IPO) and third parties now have two months to raise any objections.

The catchphrase is central to Specsavers’ marketing campaigns, with adverts featuring hapless people who could have avoided embarrassing situations had they visited the optician beforehand.

Tania Clark, partner and trademark attorney at intellectual property firm Withers & Rogers, said she expected more brand owners to apply to register a single word used in their advertising following Specsavers’ move.

She said: “It is surprising that 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 - as this decision demonstrates - it means that the retailer could soon have the right to exclude others from using the word ‘should’ve’ or ‘shouldve’ when communicating about certain classes of goods, including optician services, medical hearing aids and eye wear.

“This monopoly right could make life extremely difficult for rivals who may want to use the word in their own marketing messages in future.