Owls Swoop In To Secure WAWAW Trade Mark

• Published date: 14 July 2020
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Marks & Clerk
• Author: Mr Jason Chester

The slogan and chant 'We're all Wednesday - Aren't We?' has become synonymous with Sheffield Wednesday F.C. Back in the day, when fans could safely attend games in a pre-Covid-19 world, the song 'Ole, ole'We're all Wednesday - Aren't We?' would be sung around the Hillsborough terraces.

The acronym 'WAWAW' is equally as popular. Owls' fans frequently use the acronym on social media, particularly in the hashtag format - #WAWAW. Wednesday has used the acronym in an official capacity with the term featuring in match day programmes, promotional materials, merchandise and as the name for club fun days.

Sheffield Wednesday fan and executive box owner, Mr Paul Jennings, filed a UK Trade Mark Application for 'WAWAW' on 16 March 2018. Registration was sought for a broad range of merchandise, tobacco-based products and e-cigarettes. The application proceeded to registration on 29 June 2018, without challenge.

The registration was unsurprisingly a cause for concern for Sheffield Wednesday as it potentially gave Mr Jennings a basis to stop the club, and third parties, from using the term 'WAWAW', or a confusingly similar variation, in the UK. Use of 'WAWAW' by Wednesday on merchandise and promotional materials could have potentially infringed the trade mark registration and entitled Mr Jennings to injunctive relief or damages.

According to reports, Sheffield Wednesday only became aware of the conflicting mark after it had obtained registration. This prevented the club from filing an opposition during the application process. Instead, Wednesday filed an application for a declaration of invalidity that sought to cancel the registration.

The ground(s) used to challenge the registration have not been disclosed but it is likely that the club claimed that it had developed earlier unregistered rights in the term 'WAWAW', as a result of the use that has been made of it.

The UK recognises unregistered...