Arcane TM law could derail Harry and Meghan’s ‘Sussex Royal’ brand
Prince Harry and Meghan Markle’s ‘ Sussex Royal’ brand is reportedly under threat, and one stumbling block could come in the form of the UK’s law covering use of the term ‘royal’ in trademarks.
With the pair set to step back from active royal duties, negotiations are ongoing over the precise nature of their future relationship with the monarchy, including their use of the term ‘royal’.
Before the split, they had adopted the ‘Sussex Royal’ brand as a front for their charitable activities, and have applied to register EU and UK trademarks for the name.
But according to media reports, the couple now face opposition from the royal family over their continued use of the term.
Thomas Coop, trademark attorney at Fieldfisher in London, said that the controversy highlights a “rarely discussed” provision in UK trademark law, which prohibits the registration of marks that “would lead people to believe that there is an association with the Queen”.
“This can include images in trademark applications which are similar to the royal crown, royal flags, royal arms as well as wording which may suggest that the applicant has or recently has had royal patronage or authorisation,” Coop said.
Section 4 of the UK Trade Marks Act 1994 states that words that would lead people to think the applicant has royal authorisation cannot be registered without the consent of the Queen or the relevant member of the royal family.
Coop noted that the law did not represent a blanket ban on use of the term ‘Royal’, but rather focused on whether the mark was likely to lead consumers into thinking there was an association with the Royal family.
He said that marks for luxury goods and services find it harder to clear this barrier than those covering “everyday products”.
“It’s interesting to see that a recent trademark application for ‘Royal Palace’ was refused in relation to services such as catering owing to a perceived link to the royal family,” he said.
“But the same mark was accepted for disco services. This highlights the variable protection provided to the word ‘royal’ by the IPO and the idea there must be a link between the products/services and the royal family,” Coop added.
The couple’s UK trademark application covers a wide range of goods and services including clothing, educational services, campaigning, and social care.
Whether the couple will continue to use the Sussex Royal brand is still unclear.
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