As part of her contract with Spotify, Meghan Markle's (Mrs. Markle) upcoming podcast has been highly anticipated. In preparation for its release, Mrs. Markle's podcast company, Archewell Audio LLC, has filed an application in the United States to trade mark the title, 'ARCHETYPES'.

If this application is successfully registered, the U.S. Patent and Trademark Office ('USPTO') indicates that there would be a legal presumption that the registrant owns the trade mark and has the right to use it in the U.S, in relation to the goods and services they have sought registration over1. In this instance, it would appear that this is in relation to media such as podcasts, audio recordings, television programs and entertainment services, 'in the fields of cultural treatment of women and stereotypes facing women' 2.

Trade marking your brand name is common practice and is very beneficial. A registered trade mark not only protects your business by giving you the exclusive right to the use of the mark in the context of nominated goods or services but can also be a valuable marketing tool.

Having previously attempted to trade mark the words 'Sussex Royal' in the United Kingdom and 'Archewell' in the U.S., this is not uncharted territory for Mrs. Markle. However, this current U.S application may face challenges from existing applicants who have applied for or registered trademarks in the U.S containing this word. According to the USPTO trademark electronic search system, there are currently many active trade marks that include the word 'Archetype'.

As the application was only filed in the U.S. on the 26th of March 2022, we are yet to see the outcome of this application and for now, we watch this space.

Footnotes

1 United States Patent and Trademark Office, Why register your trademark? (Web Page) https://www.uspto.gov/trademarks/basics/why-register-your-trademark/.

2 United States Patent and Trademark Office, US Trade Mark Application Number 97332048.

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