Specsavers Trademark

In my experience, this is what drives lay and non-legal people made.

HOW can Specsavers claim an entitlement to the words “Should’ve” and “Shouldve”? Does that mean nobody else can use the word ever? So what, I can do longer say ‘I should’ve been more careful‘, no?

Well, I’ll deal with that in a bit, but for now, the important thing is that Specsavers have applied for a trademark of those two terms:

  1. Should’ve
  2. Shouldve

Here’s the application

Should've Trademark Application

Now – What does this all mean?

Well, in basic terms, if you have a trademark for a word/term, it entitles you to stop anybody else using that term in certain circumstances.

Essentially, whatever goods/services (see below) the word is registered for, nobody else can sell/market identical goods using the word. Also, you can’t sell similar goods/services using an identical word or similar word.

The Full list of goods/services for which they are seeking protecting include:

(511)Nice class number 9
List of goods and services Optical apparatus and instruments; spectacles, glasses, sunglasses; lenses; spectacle frames, sunglass frames; cases, chains, cords and holders for spectacles or for sunglasses; eye glass shields and eye glass restraining straps; eye pieces and instruments containing eye pieces; monocles; pince-nez; eye cups; protective eyewear; eye protection wear for sports; apparatus incorporating optical lenses; eye protectors; goggles and safety goggles; eye fractometers; magnifying glasses; contact lenses; contact lens cases, containers and holders; ear defenders and ear plugs; adaptors and controllers for connecting telephones to hearing aids; computer hardware and software for use by opticians; electronic measuring apparatus and instruments for use by opticians; software for digital measurement of eyes; software for taking digital measurements for spectacle and lens fitting; parts and fittings for all the aforesaid goods.
(511)Nice class number 10
List of goods and services Medical hearing instruments; hearing aids; electric and programmable hearing aids; ear moulds being part of hearing aids; ear protectors; parts and fittings for all the aforesaid goods.
(511)Nice class number 16
List of goods and services Paper, cardboard and goods made from these materials, not included in other classes; printed matter; photographs; instructional and teaching material (except apparatus); plastic material for packaging (not included in other classes); stationery; writing paper; envelopes; notebooks; pens, pencils, cases therefore; erasers; diaries; printed matter; printed publications; books; magazines; newsletters; brochures; booklets; pamphlets; manuals; journals; leaflets; advertising and promotional material; calendars; pictures; stickers; posters; graphic prints; invitations; gift bags; gift boxes; gift paper; gift tags; gift vouchers; greetings cards.
(511)Nice class number 35
List of goods and services Retail services, retail store services, optician retail store services, online retail services or mail order retail services all connected with optical apparatus and instruments, spectacles, glasses, sunglasses, lenses, spectacle frames, sunglass frames, cases, chains, cords and holders for spectacles or for sunglasses, eye glass shields and eye glass restraining straps, eye pieces and instruments containing eye pieces, monocles, pince-nez, eye cups, protective eyewear, eye protection wear for sports, apparatus incorporating optical lenses, eye protectors, goggles and safety goggles, eye fractometers, magnifying glasses, contact lenses, contact lens cases, containers and holders, ear defenders and ear plugs, ear protectors and ear protecting devices, adaptors and controllers for connecting telephones to hearing aids, hearing aids, electric and programmable hearing aids, ear moulds being part of hearing aids, parts and fittings for all the aforesaid goods; the bringing together, for the benefit of others, of a variety of opticians services, health services, eyecare services, spectacle fitting services, hearing and eyesight testing services, financial services, business services and/or marketing services, allowing customers to conveniently view and purchase those services; business management and development; business advice and administration services; business planning; operational business services, advertising, promotional and marketing services; marketing campaigns; providing business information and marketing consultancy in the field of social media; procurement of goods; professional management and recruitment services; accounts and auditing services, all of the aforesaid services for opticians, audiologists and other healthcare professionals; provision of information and advisory services, all relating to the aforesaid services.
(511)Nice class number 44
List of goods and services Optician services; ophthalmic and optometrist services; eyecare services; provision of eye tests; aftercare services relating to the provision of optical, dental, pharmaceutical, medical and hearing aid products; eye glass fitting and sight testing services; hearing aid services; hearing tests; fitting of hearing aids; identifying and analysing hearing difficulties; prescribing hearing apparatus and instruments; consultancy and advisory services all relating to hearing, hearing aids and hearing apparatus and instruments; healthcare services and health clinic services; medical clinic and medical laboratory services; pharmacy advice and pharmacy advisory services; professional consultancy and advisory services, all relating to the aforesaid services.

Will they get it?

I don’t think so. Especially not for Class 16, the paper/pens etc. – They may get itfor some of the goods/services, but I think they will have to restrict their application in those terms.

You can see the full application here:

Here’s the list of other trademarks currently live including the word “should’ve”

Should've Trademark Application 2

Click to Enlarge

And here’s what “Should’ve gone to Specsavers” is registered for

(511)Nice class number 9
List of goods and services Optical apparatus and instruments; spectacles, glasses, sunglasses; lenses; spectacle cases, chains, frames, holders and mountings; glasses for optical use or adapted to protect the eyes; eye glasses; eye glass shields and eye glass restraining straps; glasses cases and frames; eye pieces and instruments containing eye pieces; monocles; pince-nez; eye shades and eyewear; eye cups; eye protection wear for sports; eye protectors; goggles and safety goggles; eye fractometers; magnifying glasses; glare and light filters; eye glass cases, chains, cords, frames, holders and mountings; contact lenses; contact lens cases, containers and holders; teeth protector; ear defenders and ear plugs; ear protectors and ear protecting devices; adaptors for connecting telephones to hearing aids; hearing aids, other than for the deaf; plugs for connecting hearing aids to programming apparatus; radio receivers for connection to hearing aids; remote control loudness controllers for connecting to hearing aids; telephone apparatus for use by persons with hearing difficulties; parts and fittings for all the aforesaid goods.
(511)Nice class number 16
List of goods and services Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic material for packaging (not included in other classes); printers’ type; printing blocks; stationery; writing paper; envelopes; notebooks; pens, pencils, cases therefore; erasers; diaries; lithographs; printed matter; printed publications; books; magazines; newsletters; brochures; booklets; pamphlets; manuals; journals; leaflets; advertising and promotional material; calendars; pictures; stickers; heat transfers; posters; graphic prints; invitations; gift bags; gift boxes; gift paper; gift tags; gift vouchers; gift wrapping paper; anniversary, announcement, birthday, Christmas, congratulatory, engagement, gift, greeting, invitation, thank you and wedding cards.
(511)Nice class number 35
List of goods and services The bringing together, for the benefit of others, of a variety of goods including optical apparatus and instruments, spectacles, sunglasses, contact lenses and accessories for the aforementioned enabling customers to conveniently view and purchase those goods in a retail optician’s store; the bringing together, for the benefit of others, of a variety of goods including hearing aids, aid instruments for persons with hearing difficulties and accessories for the aforementioned, enabling customers to conveniently view and purchase those goods in a hearing aid specialist retail store; the bringing together, for the benefit of others, of a variety of goods including optical apparatus and instruments, spectacles, sunglasses, contact lenses, hearing aids, aid instruments for persons with hearing difficulties and accessories for the aforementioned, enabling customers to conveniently view and purchase those goods in a retail pharmacy and healthcare store; the bringing together, for the benefit of others, of a variety of goods, including dental apparatus enabling customers to conveniently view and purchase those goods in a surgical, medical and dental apparatus and instrument specialist retail store; the bringing together, for the benefit of others, of a variety of goods including optical apparatus and instruments, spectacles, sunglasses, contact lenses, hearing aids, aid instruments for persons with hearing difficulties, dental apparatus and accessories for the aforementioned enabling customers to conveniently view and purchase those goods in a supermarket; the bringing together, for the benefit of others, of a variety of goods, including optical apparatus and instruments, spectacles, sunglasses, contact lenses, haring aids, aid instruments for persons with hearing difficulties, dental apparatus and accessories for the aforementioned enabling customers to conveniently view and purchase those goods in a department store; the bringing together, for the benefit of others, of a variety of goods, including optical apparatus and instruments, spectacles, sunglasses, contact lenses, hearing aids, aid instruments for persons with hearing difficulties, dental apparatus and accessories for the aforementioned enabling customers to conveniently view and purchase from a catalogue specialising in optical, hearing, dental, medical, pharmaceutical and healthcare apparatus, instruments and preparations by mail order or by means of telecommunications; the bringing together, for the benefit of others, of a variety of goods, including sunglasses, contact lenses, hearing aids, aid instruments for persons with hearing difficulties, dental apparatus and accessories for the aforementioned enabling customers to conveniently view and purchase from a general merchandise catalogue by mail order or by means of telecommunications; the bringing together, for the benefit of others, of a variety of goods, including optical apparatus and instruments, spectacles, sunglasses, contact lenses, hearing aids, aid instruments for persons with hearing difficulties, dental apparatus and accessories for the aforementioned enabling customers to conveniently view and purchase from an internet web site specialising in optical, hearing, dental, medical, pharmaceutical and healthcare apparatus, instruments and preparations; the bringing together, for the benefit of others, of a variety of goods, including optical apparatus and instruments, spectacles, sunglasses, contact lenses, hearing aids, aid instruments for persons with hearing difficulties, dental apparatus and accessories for the aforementioned enabling customers to conveniently view and purchase from a general merchandise internet web site; the bringing together, for the benefit of others, of a variety of goods, including optical apparatus and instruments, spectacles, sunglasses, contact lenses, hearing aids, aid instruments for persons with hearing difficulties, dental apparatus and accessories for the aforementioned enable customers to conveniently view and purchase those goods through a television shopping channel, enabling customers to conveniently view and purchase those goods by means of telecommunications; business management and development; business advice and administration services; business planning; operational business services, advertising, promotional and marketing services; procurement of goods; professional management and recruitment services; accounts and auditing services, all of the aforesaid services for opticians, dentists and other healthcare professionals; provision of information and advisory services, all relating to the aforesaid services.
(511)Nice class number 44
List of goods and services Optician services; ophthalmic and optometrist services; eyecare services; aftercare services relating to the provision of optical, dental, pharmaceutical, medical and hearing aid products; eye glass fitting and sight testing services; dental services; dentistry and dental laboratory services; hearing aid services; hearing tests; fitting of hearing aids; identifying and analysing hearing difficulties; prescribing hearing apparatus and instruments; consultancy and advisory services all relating to hearing, hearing aids and hearing apparatus and instruments; healthcare services and health clinic services; medical clinic and medical laboratory services; pharmacy advice and pharmacy advisory services; professional consultancy and advisory services, all relating to the aforesaid services.

Watch this space with your 20:20 vision….or your glasses if you have them, which I do, somewhat ironically from Specsavers….who have also accused me of missing a payment for my lensmail even though I legitimately cancelled the direct debit and notified them on their website.