Welsh word for love trademarked, sparking anger

A decision to grant a trademark for cariad, the Welsh word for love, has been criticised.

Cariad, another Welsh word hiraeth, and Welsh cake, have all been registered by candle maker Fizzy Foam.

They have been approved by the Newport-based Intellectual Property Office (IPO), meaning other businesses making similar products can no longer use the terms.

A Fizzy Foam spokesman said they were only relevant to candles.

The word hiraeth loosely translates to longing.

But the Gweni candle-making business in Bridgend said it would have a "significant impact" on the company.

Amanda James who owns Gweni, said the trademark decision will have a "significant impact" on her company.

"As far as my business is concerned, I have a range of candles with 'cariad' on them, I wouldn't be able to sell those," she said.

"From an aspect of principle, I don't think it's right that an individual business is able to trademark such terms.

"I don't think anybody has got the right to say that they own these words, these words are unique to our language, to our heritage, to our culture.

"I think they are words that are beyond the remit of the Intellectual Property Office," she said.

An IPO spokesman said all three trademark applications had met the criteria defined in law, adding: "Trademark applications are assessed on their individual merits, taking into account factors such as the trademark itself, and the goods and services intended for protection.

"Any third party who wishes to challenge a trademark after it has been registered can do so."

Jonty Gordon, director at Amgen Law, and a specialist in intellectual property law, said he was surprised that the applications had been approved.

"I do think this is a mistake, and that it has slipped through.

"The IPO has repeatedly refused to register descriptive words of this nature when there is a contextual link between the word and the products," he said.

Mr Gordon added the principle would typically not change on the basis of whether English or Welsh words were the subject of an application.

He said: "There is a notable case for the word 'love' when it was rejected, it has been rejected several times for several goods and services.

"The IPO, in my experience, do treat English and Welsh in an identical manner, which is why I think this one has slipped through and shouldn't have been registered.

"I think there is a certainly a case for the IPO to have their policy reviewed and I also think these trademarks are open to challenge by producers.

"I think they have a very strong case in seeking a review and potentially challenging the validity of these trademarks."

Ms James wants to see the IPO establish a list of words and phrases that cannot be subject to trademark applications, including cariad and hiraeth.

"They shouldn't be under the auspices of a trademark and thus only used by one company or one individual.

"I don't think it's right that people can possess words like this, and deny other people the ability to use them - I think that is completely wrong.

"They are everyday words that we all use, they are not words that they have devised - there should be a register of words that nobody can touch."

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