Royal Terms Used in Trade Marks

4 January 2010

Trade marks that contain any indication, whether by certain words or by a figurative form, that the mark is affiliated or approved by the Royal institution, are prohibited unless you can show that consent has been obtained from the relevant body.

The Legislation

Section 4(1) of the 1994 Trade Mark Act will apply, and states that:

"A trade mark which consists of or contains –

(a) the Royal arms, or any of the principal armorial bearings of the Royal arms, or any insignia or device so nearly resembling the Royal arms or any such armorial bearing as to be likely to be mistaken for them or it,

(b) a representation of the Royal crown or any of the Royal flags,

(c) a representation of Her Majesty or any member of the Royal Family, or any colourable imitation thereof, or

(d) words, letters or devices likely to lead persons to think that the applicant either has or recently has had Royal patronage or authorisation,

shall not be registered unless it appears to the registrar that consent has been given by or on behalf of Her Majesty or, as the case may be, the relevant member of the Royal Family."

Obtaining Consent

Consent can be obtained from the Lord Chamberlain’s office at Buckingham Palace, London, SW1A 1AA.

Tim can be contacted via email on tim@trademarkroom.com.