By: The Trademark Channel and Huski.ai
Love in the Time of Trademarks：When IP Meets the Heart
Valentine’s Day often feels overwhelmed by brand-driven commercialism.
Chocolates, flowers, jewelry—all wrapped up in the universal language of romance and trademarks!
But what happens emotion meets brand management?
Cartier, the luxury jewelry powerhouse, recently learned that you can’t trademark “love”—well, at least not in Singapore. The brand, famous for its “LOVE” bracelet, attempted to block MoneyMax, a pawnbroking chain, from registering the term “Love Gold” for its own jewelry line. Cartier argued that its “LOVE” mark, first made famous by the iconic bracelet featuring a screw motif, was well established and deserved protection.
Singapore’s Intellectual Property Office (IPOS) wasn’t buying it and is delivering the kiss off.
In their ruling they noted that “love” is too common in the jewelry industry to be monopolized, reinforcing a fundamental truth about trademarks: Common phrases and monikers are not always trademarkable even if you were first to make it famous.
The decision serves as a reminder that even billion-dollar brands can’t stake a claim on universal human emotions or common terms in the vernacular zeitgeist.
What This Means for Brands “Hooked on a Feeling”
Trademarks exist to prevent consumer confusion and protect brand identity and a source of origin. They are not here to protect generic terms such as “love,” “heart,” and “forever” in a descriptive context. And so, as many romantic novels play out Cartier learned that the hard way and ran out of time.
That doesn’t mean brands can’t create distinctive (also fanciful) marks around common words. Nike didn’t trademark “run,” but it owns “Just Do It.” Apple doesn’t own “fruit,” but it’s simple bitten apple logo is unmistakable.
When trademarks rely too heavily on generic words without unique elements—such as design, font, or stylization—they run the risk of being rejected, diluted, or even canceled – and also not serving the purpose of a trademark.
Lessons for Businesses: How to Make Your Mark and Not be Heartbroken
Entrepreneurs and business leaders, this case holds a few key lessons:
Choose Distinctive Marks – Don’t fall in love with words that everyone else is using. Build a brand identity that stands out with a unique combination of wording, imagery, or stylization.
Avoid Trademark Squabbles – Before launching a campaign or product, conduct a trademark search. The last thing you want is to spend millions on branding only to be forced to rebrand.
Don’t Rely Solely on “Words” – Your brand should have more than just a catchy name. Logos, slogans, packaging, and design elements help build protection around your intellectual property.
Trademarks Are About Consumer Perception and Origin Source – The more unique and well-associated your mark is with your product, the stronger its protection. But if consumers associate your brand name with a generic category (like “love” and jewelry), you could be fighting an uphill battle.
Enforcement Is a Commitment – If you do secure a trademark, be ready to enforce it. Letting others use similar marks without action could weaken your rights.
Love and Law: Finding the Balance
Cartier’s case is just one of many where companies try to claim ownership over everyday words and find themselves in legal battles. It’s a fine line—brands need to protect their equity, but the law will always push back when they overreach.
This Valentine’s Day, as love runeth over – a businesses should ask themselves: Are we creating something truly unique, or are we just trying to grab hold of a common overused phrase?
For those navigating the complex world of trademarks, leveraging the right tools can make all the difference. Like using software and other tech savvy tools and platforms that drive and support innovation
In the world of intellectual property, as in love, knowing the rules can mean the difference between heartbreak and happily ever after – till cancellation or infringement do you part.