'As a long-time fan of The Smiths, it's always thrilling to see one of my favourite bands back in the spotlight—even if it’s a rush and a push towards the courtroom rather than a musical comeback. Recently, the news has focused on a trade mark issue between former members Morrissey and Johnny Marr over ownership of The Smiths name. As a Chartered Trade Mark Attorney, I wanted to offer some insights on the legal side of this dispute—and, of course, sneak in some Smiths references along the way. '

Mike Tennant is a Chartered Trade Mark Attorney and director of Tennant IP as well as being a massive fan of the critically acclaimed 80's band The Smiths.

Background: The Smiths and the Trade Mark Dispute 

Formed in 1982, The Smiths consisted of Morrissey, Johnny Marr, Andy Rourke, and Mike Joyce. Despite their short-lived but legendary run, splitting in 1987, their music has endured like The Queen Is Dead. Now, Morrissey and Marr are clashing over the trade mark to the band's name. 

Last week, Morrissey issued a statement claiming Johnny Marr had applied for 100% of the trade mark rights to The Smiths without his consultation. According to Morrissey, Heaven Knows I’m Miserable Now, especially because he claims he wasn’t given the opportunity to object. He also noted that he alone came up with the band's name back in 1982 . 

Johnny Marr’s Response: Setting the Record Straight 

In response, Johnny Marr hit back with his own statement, explaining that after discovering in 2018 that no one in the band owned the trade mark, he attempted to reach out to Morrissey to protect the band's name from third-party exploitation. After getting no response, Marr decided to take action, applying for the trade mark himself to Stop Me If You Think You've Heard This One Before—but it was to protect the name for the benefit of all band members, including Morrissey. In fact, Marr signed an agreement assigning joint ownership in January 2024, but Morrissey has yet to countersign (euronews) (The Independent). 

Legal Takeaways: Navigating Trade Mark Ownership Disputes 

First, let’s tackle Morrissey’s claim that he wasn’t allowed to object to Marr’s actions. UK trade mark law provides a fixed two-month period to oppose any new applications. Therefore, if Morrissey had truly wanted to object, he had Plenty of Time to do so. Marr’s statement suggests Morrissey was well aware of the application process back in 2018 when a third party threatened to exploit the band’s name . 

This dispute also sheds light on the complexities of joint trade mark ownership. While it’s possible for two parties to co-own a trade mark, This Charming Man would warn you that it often leads to challenges if no clear agreement is in place. Each co-owner holds an undivided share, meaning decisions, such as licensing the name, require mutual consent. If they can't agree, There Is a Light That Never Goes Out, but it may flicker in court . 

The Importance of Trade Mark Registration for Bands 

This dispute serves as a Bigmouth Strikes Again moment for any band or creative group. Registering a trade mark early is essential to prevent third parties from profiting off your hard work. However, it’s equally important to Ask all parties involved to agree on ownership and usage rights from the start. Bands can be as fragile as relationships, so managing expectations is key to avoiding disputes Half a Person down the road . 

Morrissey’s assertion that he alone created the name The Smiths could potentially give him grounds to challenge the trade mark application under Section 47 of the UK Trade Marks Act. Whether he will pursue this line of action remains to be seen, but What Difference Does It Make? The question of ownership continues to loom over the band's legacy . 

Final Thoughts: Will This Dispute Ever Be Resolved? 

This trade mark clash is playing out against the backdrop of a proposed reunion tour, which Marr has reportedly turned down with a simple I Don't Owe You Anything. Whether or not the band members can resolve their differences, or if the joke isn’t funny anymore, remains to be seen. For the sake of their legacy—and to avoid being Miserable Lie—it would be nice if both parties could find some harmony moving forward (Prolific North) (The Independent). 

At Tennant IP, we’ve helped numerous music groups and artists protect their intellectual property rights. If your band or business needs advice on trade mark protection, don't hesitate to get in touch—after all, you don’t want to end up like The Boy with the Thorn in His Side. 

We hope you enjoyed this post and found it an interesting read. How many song references from The Smiths did you notice? 

For those who care, here you go:

• "A Rush and a Push and the Land Is Ours" – From The Smiths’ 1987 album Strangeways, Here We Come. 

• "The Queen Is Dead" – Title track from their 1986 album The Queen Is Dead. 

• "Heaven Knows I’m Miserable Now" – Released as a single in 1984. 

• "Stop Me If You Think You've Heard This One Before" – From Strangeways, Here We Come (1987). 

• "Plenty of Time" – This is the only exception; this title is not a song by The Smiths. It seems to have been used for humour, though it does not refer to an actual Smiths song. 

• "This Charming Man" – Released as a single in 1983 and later included on the compilation Hatful of Hollow. 

• "There Is a Light That Never Goes Out" – From The Queen Is Dead (1986). 

• "Bigmouth Strikes Again" – From The Queen Is Dead (1986). 

• "Ask" – Released as a single in 1986 and included on the compilation Louder Than Bombs. 

• "Half a Person" – From Louder Than Bombs (1987). 

• "What Difference Does It Make?" – From The Smiths’ self-titled debut album (1984). 

• "I Don’t Owe You Anything" – From The Smiths’ self-titled debut album (1984). 

• "The Joke Isn’t Funny Anymore" – From Meat Is Murder (1985). 

• "Miserable Lie" – From The Smiths’ self-titled debut album (1984). 

• "The Boy with the Thorn in His Side" – Released as a single in 1985 and included on The Queen Is Dead.