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Businesses instinctively gravitate towards brand names that include elements like a crown motif or words like ROYAL or KING because these elements point to a narrative of heritage and excellence.
We are seeing a growing trend of businesses embracing these themes of legacy and heritage, selecting terminology and traditional symbols, including stylised crests, to convey authenticity, longevity, and trust.
While these elements may seem attractive from a marketing perspective, in the UK their usage is carefully protected by trade mark law. So before adopting a brand, it is crucial to understand how the UK Intellectual Property Office (UKIPO) treats brands with royal associations.
Why royal terms are protected
The UKIPO takes a cautious approach in assessing marks with royal references. The UKIPO will not grant a trade mark registration where use of terms and symbols risks falsely suggesting royal endorsement or patronage. These include:
- Terms like ROYAL, KING, QUEEN, PRINCE, PRINCESS, amongst others
- Crown, Royal Arms, emblems
- Wording or images that resemble protected state insignia
The UKIPO applies stricter scrutiny to marks that contain such elements, ensuring the public is not misled into believing that a business is connected to the monarchy or enjoys royal support.
What happens when you file
If your mark includes royal references, it is highly likely that the trade mark examiner will raise an objection. The key question raised by the UKIPO is whether there is a genuine and legitimate royal connection.
If there is no demonstrable link to the royal household, your application will be refused. Arguments based on stylisation and creativity do not usually hold up in such instances. This is where guidance from an expert can make a difference, as an expert can help you understand how to navigate objections.
When is consent possible
If your business genuinely has a royal connection, such as a Royal Warrant or Royal affiliation, you will be required to show proof of such patronage and may be required to obtain a Letter of Consent from the relevant Royal household.
Naturally, as consent is exceptional, the process is often complex and time-consuming.
Building a brand strategy
Understandably adopting a brand name with royal connection is appealing but it is important to pause and consider few key factors before settling on the name:
- Assessing registrability to avoid costs of re-branding
- Choosing heritage inspired alternatives if there is no legitimate royal connection
- Reviewing image uses as even stylised crowns and shields can trigger an objection from the UKIPO if they resemble protected insignia
- Seeking advice early is crucial as UKIPO decisions can be technical and nuances matter
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
